beta
Text
1. As to the Plaintiff (Counterclaim Defendant)’s KRW 56,898,501 and its KRW 41,649,660, among them, the Defendant (Counterclaim Defendant)’s KRW 56,898,50.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as stated in Gap evidence 1 to 6 and Eul evidence 4-1 to 4:
The plaintiff is a person who manufactures and sells clothes attached and straws, etc. with the trade name "D" in Yangju-si, and the defendant's type E was a person who operated the business of "G" in the name of "Fradong Dong-dong, Yongsan-gu, Seoul."
B. The Plaintiff, from September 2003 to January 2008, manufactured and supplied clothes, etc. ordered by E from Sep. 2003 to Jan. 2008, E was engaged in credit transactions by later paying the price.
C. Around January 2008, the Defendant received a total transfer of G-related business from E and used the trade name of G as it is. By March 2012, the Defendant continued the transaction of credit with the Plaintiff in the same way as the previous one.
From September 2003 to March 2012, the Plaintiff was engaged in such credit transactions with G, namely, E and the Defendant, and was paid from E to December 2007 and from January 2008 to March 2012.
2. Determination as to the principal lawsuit
A. According to the above facts of recognition as to the cause of the claim, the defendant is a business transferee who belongs to G with respect to the price of goods from the date of January 2008 that E bears with respect to the plaintiff, and the defendant is obligated to pay the price of goods as a transaction party with respect to the price of goods after January 2008 that the defendant acquired by transfer of business. In such a case, the amount of goods unpaid to the plaintiff should be calculated by deducting the total price of goods already paid by E and the defendant to the plaintiff from the total price of goods supplied to E and the defendant.
Furthermore, with regard to the amount of the price of goods to be paid by the defendant to the plaintiff, the whole purport of the pleadings is as follows: Gap evidence 1 to 6-18, and Eul evidence 4-1 to 4.