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(영문) 서울중앙지방법원 2019.11.13 2018가단5222689
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 7,425,00 with full payment from August 22, 2018.

Reasons

1. Determination as to the principal lawsuit

A. On March 14, 2017, the Plaintiff supplied the Defendant with 7,425,000 U.S. liquid products (name of the product: C; hereinafter “instant product”) equivalent to 7,425,00 won, without dispute between the parties, or can be acknowledged by comprehensively taking into account the purport of the entire pleadings as stated in the evidence No. 14.

According to the above facts, the defendant is obligated to pay 7,425,000 won for the goods unpaid to the plaintiff and delay damages therefor, unless there are special circumstances.

B. As to the Defendant’s defense of mutual aid, E, the former representative of “D” used by the Defendant, was not involved in the transaction of the instant goods with the Plaintiff after the Defendant was divorced from the Defendant, and the Defendant temporarily closed the business after having been supplied and sold the instant goods from the Plaintiff, separate from E. After which, in order to be supplied with the instant goods by the Plaintiff, the Defendant paid KRW 45,00,000 as a deposit for the payment of the price for the instant goods from April 2015 to the Plaintiff, but failed to be supplied with the instant goods. Accordingly, the Plaintiff’s claim for the instant goods should be dismissed upon deducting the price for the instant goods from the deposit. (ii) The transfer of business under the relevant legal doctrine refers to a company organized for a certain business purpose, i.e., the human and physical organization, while maintaining its identity. Whether the transfer of business was carried out should be determined to a certain extent, and it should be determined by the concept of business operation that has been entirely or partially maintained and has its function as a business facility.

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