(영문) 대전지방법원 2020.08.20 2019나115301

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2020.08.20 2019나115301

물품대금

Text

The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs the meat and the ice wholesale business with the trade name of C, and the Defendant is a person who completed the registration of business from March 8, 2018 to the end of 2018 with respect to the restaurant operated in the trade name of “E” on the Daejeon P and the first floor of Daejeon Pung-gu (hereinafter “instant restaurant”).

B. On April 23, 2018, the Plaintiff supplied meat to the instant restaurant from around April 23, 2018 to August 25, 2018 (hereinafter “instant goods”), and issued electronic tax invoices. The Plaintiff did not receive KRW 5,484,307, out of the amount of the goods.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserted that the plaintiff supplied the goods of this case to the defendant, and the defendant is obligated to pay the price of the goods of this case to the plaintiff.

Even if the defendant lent the name of the restaurant operator of this case to F, the defendant is obligated to pay the price of this case as the name lender.

B. The defendant's assertion is that the restaurant in this case is substantially run by F, and the party who entered into a contract for goods supply with the plaintiff is F. The defendant does not have any participation in the restaurant operation of this case or the goods transaction of this case, and the defendant does not have any obligation to pay the price of the goods

3. Determination as to the cause of action

A. As to who is a party to a goods supply contract where an actor who enters into a contract is a party to a legal act under the name of another person, if the actor and the other party agree to the contract, the actor or the title holder shall be determined as the party to the contract in accordance with the consent of the actor and the other party. If the intent of the actor does not coincide with that of the other party, the nature, terms, and conditions of the contract.

유사 판례

-대구지방법원 서부지원 2018.08.08 2017가단8962

-대구지방법원 2019.08.22 2018나313931

-서울남부지방법원 2019.04.30 2018가단224983

-서울중앙지방법원 2015.05.21 2014가합37939

-제주지방법원 2015.03.25 2014나1225