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(영문) 대구지방법원서부지원 2016.12.07 2015가단15188
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 2,139,50 and 6% per annum from September 12, 2014 to December 7, 2016.

Reasons

1. Basic facts

A. The Plaintiff engaged in the furniture manufacturing business with the trade name of “D” and supplied goods to “F” or “G” from around August 2007 to August 8, 2014 by the household wholesale and retail chain with the location of “B” or “G”.

B. The commencement and cessation date of business by business owner of “F” or “G” are as follows:

Defendant CF on Aug. 1, 1996, the business owner whose opening date of the business is the opening date of the business under the name of the business owner, and on Jul. 1, 2007, 2007, HF on Jul. 16, 201, I G on Oct. 27, 2011, 201, Defendant J G G on February 25, 2013.

Defendant C married with H, but divorced on December 15, 2004, and married on December 26, 201 with Defendant B.

On July 16, 2012, Defendant C prepared and delivered to the Plaintiff a letter of payment stating that “I will pay KRW 21,000,000,000 for goods under the name of H prior to November 201, every month, the amount of KRW 1,00,000.”

E. The Plaintiff has managed goods transaction with “F” or “G” as the head of one transaction partner. The amount of goods unpaid as of July 11, 2012 remains in KRW 20,560,000, and even thereafter, until September 11, 2014, the balance of the goods price recorded in the head of the transaction partner’s ledger remains in KRW 22,69,500.

【In the absence of dispute over the grounds for recognition, Gap’s evidence 1, 2, 3-1, 2, 6, 7, Eul’s evidence 1, 2, 3, Eul’s evidence 1, 3, Eul’s evidence 1, 2, 3, Eul’s evidence 1, 2, 3-1, 3-2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion began with the goods transaction with the “F” operated by H, and even after the I was registered as the representative in the business registration of the “G,” the Plaintiff agreed on July 16, 2012 that the Defendant C, who is the actual operator of the “G”, would be liable for the payment of the F’s goods amounting to KRW 21,00,000.

Since then, Defendant C is the spouse of Defendant B.

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