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(영문) 부산지방법원 2017.06.22 2016가단69115
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 47,755,131 and the interest rate of KRW 15% per annum from November 24, 2016 to the date of full payment.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 and 2:

Until November 23, 2015, the Plaintiff supplied an Acry and other goods to “C”, and KRW 47,755,131 out of the price remains as the outstanding amount.

B. Defendant A is the child of Defendant B.

2. The assertion and judgment

A. The summary of the parties’ assertion (1) The Plaintiff Defendants are jointly and severally liable to pay KRW 47,755,131 to the Plaintiff the balance of the price of goods, given that they were supplied with goods, such as acrylic, such as the Plaintiff, while jointly operating the “C”.

Even if Defendant B independently operated the “C”, Defendant A, as the business registration titleholder of the “C”, lent the name to Defendant B, and accordingly, the Defendants are jointly and severally liable to pay the said balance to the Plaintiff.

(2) Defendant B, while running the business of manufacturing and selling acrylic products independently from the Plaintiff, was supplied with goods such as acrylicry from the Plaintiff for more than 30 years, and closed the business due to the foreign exchange crisis. Thereafter, Defendant A registered the business with the trade name of “C”, followed Defendant B’s business, and independently engaged in the business of manufacturing and selling acrylic products, etc., and traded in cash between the Plaintiff and the Plaintiff by means of being supplied with goods such as acrylicry, etc. and paying the price in full.

Therefore, the price of the goods claimed by the Plaintiff constitutes the outstanding amount among the price of the goods supplied by the Plaintiff while running the business independently by Defendant B, and thus, the obligation to pay it is limited to the Defendant B, and the Defendant A has no obligation to pay it.

B. (1) Determination (1) Whether the Defendants jointly operated “C” shall be based on each of the evidence Nos. 1-4, and the Defendants jointly run “C” until November 23, 2015.

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