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(영문) 수원지방법원 2015.08.20 2014나49859
물품대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff also appealed with Co-Defendant B and C of the first instance trial from February 2013 to March 2014 through D food, but C had not been present at the date of pleading at the appellate trial, and the part of the appeal was deemed to have been withdrawn prior to the pronouncement of the judgment at the trial.

The food materials, such as native oil, were supplied to the "E" who is a joint business proprietor, and the amount of attempted goods among the goods supplied is 10,868,910 won at present.

B. Co-defendant C of the first instance court is the husband of the defendant, and Co-defendant B of the first instance court is the husband of the co-defendant C of the co-defendant C of the first instance court and the wife of the defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. The party's assertion and judgment

A. The summary of the plaintiff's assertion 1) The defendant requested the plaintiff to supply the goods of this case as the actual operator of the "E", and since the defendant issued ten copies of the household check with the face value of five million won per share, the defendant must pay to the plaintiff jointly and severally with the co-defendant B and C of the first instance court, a joint business operator of the "E". The defendant's assertion is not related to the "E". The defendant's issuance of ten copies of the household check with the face value of five million won per share is merely a loan of money to the "E" so that the "E", a joint defendant of the first instance court, who is a joint business operator, can pay the plaintiff the price of the goods of this case.

B. In full view of the facts without dispute and the purport of the entire arguments in Gap evidence Nos. 3, 4, and 6, the defendant introduced the plaintiff company as the president of "E" by finding the plaintiff company as well as F around February 2013, and requested the supply of the goods of this case as a household check which is about four months after the date of payment. The defendant requested the supply of the goods of this case from May 2013 to May 2014.

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