(영문) 대구지방법원 2015.09.24 2015나1510 | 리걸엔진

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(영문) 대구지방법원 2015.09.24 2015나1510

물품대금

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1. The part against the defendant in the judgment of the first instance shall be modified as follows:

The plaintiff is against the defendant.

Reasons

Lawsuits filed by the main office and the independent party interventions shall be deemed together.

1. The parties' assertion

A. The Plaintiff’s assertion that the private business chain H supplied the goods to the Defendant from June 201 to July 201. Since 22,630,316 out of the price of the goods was not yet paid, the Plaintiff as the principal lawsuit seeking payment against the Defendant.

B. The Defendant alleged that the Defendant was supplied with goods from June 201 to July 201 under the name of H, but at the time H was a business entity operated by the Intervenor with only the name of its business operator registered, and thus, the supply of goods is conducted between the Intervenor and the Defendant.

Therefore, the defendant is not the plaintiff but the intervenor of the independent party who is not the plaintiff.

C. A party that supplied the goods as alleged by the Defendant by an independent party intervenor (hereinafter “participating”) is an intervenor who supplied the said goods. As such, an independent party intervenor’s lawsuit seeking payment of the price for the goods unpaid against the Defendant.

2. Determination

A. The Defendant issued a tax invoice under the name of the network G while operating L in the name of the network G, used the business passbook opened in the name of the network G, and the transaction of the said goods was made through the same method, if the entire purport of the pleadings is added to the fact that various textile products, etc. (hereinafter “instant goods”) were supplied to the Defendant from June 201 to July 201.

The facts that KRW 22,630,316 has not been paid out of the price for the supply of the goods of this case shall be acknowledged if there is no dispute between the parties, or if the purport of the entire pleadings is added to the statements in subparagraphs 1, 2, and 6-1 through 14.

(b)the Parties to the supply of goods;

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