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(영문) 서울동부지방법원 2015.04.14 2014가단30774
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion is a person who operates the business of the development and manufacture of electronic equipment, and sells electronic parts, such as so-called “B,” in the name of “B” until May 31, 2013, such as so-called “B,” and even if the Plaintiff supplied such parts through C at the time when the first transaction was commenced, the Defendant had C operate the “B” business using his/her name, and allowed C to use the name by receiving a tax invoice under the name of the Defendant from the Plaintiff, so the Defendant is liable to the Plaintiff pursuant to Article 25 of the Commercial Act.

Therefore, the defendant is obligated to pay to the plaintiff the remaining 29,043,000 won after deducting the partial payment of KRW 3 million from the total price of goods 32,043,000.

B. The defendant's assertion is merely the representative of B on the business registration certificate, and the actual representative is C, and the plaintiff was involved in the transaction with C, and the plaintiff was well aware of the fact that the actual representative of B is C, not the defendant, so the defendant is not liable for the name truster to the plaintiff.

2. The reasoning of the judgment is insufficient to acknowledge that the Plaintiff agreed with the Defendant to be supplied with the goods by the Defendant solely on the basis of the descriptions of the evidence Nos. 1-1 to 4-2 of the evidence No. 1-2, and there is no other evidence to acknowledge otherwise. Rather, the following circumstances, which are acknowledged by comprehensively considering the overall purport of the pleadings in each of the evidence Nos. 4, 7, and 8, the Plaintiff, upon request, supplied goods to the Plaintiff upon receipt of a request that the Plaintiff would supply the goods to the Defendant at the time of the supply of the goods, and the Plaintiff could not register the Plaintiff due to other tax issues.

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