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(영문) 서울남부지방법원 2021.03.12 2020가단266331
물품대금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. As to Defendant B, the Plaintiff supplied steel plates, etc. to Defendant B from April 2020 to July 2020, and the credit amount was KRW 37,412,491, and only part of the credit amount was paid, and there was 23,714,514 won (hereinafter “instant goods payment claim”).

In other words, from April 2016 to July 2020, the Plaintiff supplied iron plates, etc. to D, an individual entrepreneur.

Defendant B was a joint proprietor of D from November 1, 2019 to December 31, 2019, and the joint proprietor of D from January 1, 2020 to F was changed to the network E (Death on July 28, 2020), but the Plaintiff did not receive any notification.

Therefore, Defendant B is obligated to pay the claim for the price of goods of this case by analogical application of the legal doctrine on the representation of expression under Article 126 of the Civil Act or Article 129 of the Civil Act, which is the nominal lender under Article 24 of the Commercial

B. A pre-sale agreement concluded on August 13, 2020 with respect to the real estate listed in the separate sheet between Defendant C and Defendant C, which is the branch of Defendant B, should be revoked as an act detrimental to the common creditors’ joint security, and the purport of the claim that was completed due to the said pre-sale agreement due to restitution to its original state, the registration of each claim for transfer of ownership as stated in Section 2-B should be revoked.

2. Determination

A. According to Gap evidence Nos. 5 and Eul evidence Nos. 8-1 as to the claims against defendant B, the plaintiff traded goods, such as steel plates, with Eul as of January 1, 2020, and the fact that the plaintiff had 23,278,84 won (the details of the transaction of goods before January 1, 2020) as of January 1, 2020 to June 30, 2020 that the plaintiff continued the transaction with D with D during the period from January 1, 202 to June 31, 2020, and that the claims for the payment of goods unpaid as of July 23, 200 to July 31, 2020 were 23,714,514, and that defendant B had been joint owners of D as of September 23, 2019 to December 31, 2019.

However, the defendant B's joint business owner as the goods price claim of this case.

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