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(영문) 전주지방법원 2017.12.20 2017가단15036
물품대금
Text

1. The defendant shall pay 85,683,400 won to the plaintiff and 15% per annum from July 20, 2017 to the day of full payment.

Reasons

1. The basic fact is that the Plaintiff engages in the livestock product sales business in the name of “C”, and the Plaintiff supplied livestock products to the business establishment (cafeteria and meat retail business) located in Kujin-gu, Seoul Special Metropolitan City from October 201 to December 2013, and its price exceeds KRW 85,683,400, and the Defendant directly stated and signed the phrase “as to recognize the above fact” in the Plaintiff’s sales status stating the price of the goods on September 17, 2014, there is no dispute between the parties.

2. The plaintiff asserts that the defendant stated and signed that he would pay the price for the goods as the actual operator of the above business, and sought the payment of the price for the goods.

In regard to this, the defendant asserts that he worked as the manager of the above business establishment, and that the entry and signature as above merely merely confirm the existence of the price for the goods, and that he does not intend to pay it.

3. According to the statements in the evidence Nos. 1 and 2 (including the paper number), the tenant name of the building in the location of the above business establishment is not the defendant but the F and G, and the name holder of the business registration also is recognized.

However, the following circumstances, which can be acknowledged in full view of the basic facts and the statements in Gap evidence Nos. 1 and 2, namely, ① the original defendant introduced himself to the plaintiff as the president of the above business establishment, and the plaintiff continued to supply the livestock products as above, knowing the defendant as the operator of the above business establishment. ② When the defendant closed down the business, the plaintiff requested the payment of the above goods, and the defendant requested the payment of the above goods, and the defendant made the entry and signature as above. ③ The defendant made the entry and signature at the above business establishment as stated above, ③ The Eul, who worked as the main store for a period of one year, is also the name of the above business operator.

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