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(영문) 인천지방법원부천지원 2020.05.15 2019가단20995
물품대금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 37,604,028 and Defendant B from December 12, 2017 to June 7, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells cosmetics, and Defendant B is a person who runs the wholesale and retail business of cosmetics with the name of “E” on the off-to-Yancheon-gu D branch in Bupyeong-gu, Busan.

B. On December 2, 2015, the Plaintiff entered into an agency transaction agreement with Defendant B and the Plaintiff on the supply of cosmetics to Defendant B and the payment of the price of the goods to the Plaintiff (hereinafter “instant agency transaction agreement,” and “instant contract”). The seal of the instant contract is affixed to B.

C. Defendant C is a joint and several surety for Defendant B in the instant contract, and the seal of Defendant C is affixed to his name.

The Plaintiff supplied cosmetics, etc. to E by December 2017, and was not paid KRW 37,604,028 as of December 11, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion F obtained the power of representation from the Defendants and entered into the instant contract, the Defendants are liable for the goods price obligations arising under the instant contract.

B. Since F’s assertion F of the Defendants prepared and forged the instant contract form in which the Defendants took place, the Defendants cannot be held liable under the instant contract.

3. In light of the following circumstances acknowledged by the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 and 5, it is reasonable to deem that F had entered into the instant contract with the power of representation granted from the defendants. As a party to the goods supply contract, defendant Eul is liable for the goods price incurred under the instant contract as a joint and several surety for defendant Eul.

① Defendant B is registered as a business operator when F, his spouse, engages in wholesale and retail business.

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