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(영문) 인천지방법원 2017.09.19 2017가단9533
물품대금
Text

1. Defendant (Appointed Party) Company B and Appointed C jointly and severally with the Plaintiff, KRW 42,272,200, and their amount.

Reasons

1. Basic facts

A. The Plaintiff is a person who is engaged in the business of trading interior goods with the trade name of “E”, and the Defendant (Appointed Party B) Company B (hereinafter “Defendant Company”) is a company that engages in real estate sales business, etc., and the Appointor C is the representative director of the Defendant Company and the Appointor D are the Appointor C’s children.

B. On September 29, 2016, the Plaintiff entered into a sales contract with the Defendant Company to supply an amount equivalent to KRW 66,335,720 (including value-added tax) for straws, straws, Blokes, bedclothess, and furnitures (hereinafter “instant sales contract”). By October 27, 2016, the Plaintiff supplied straws, etc. at KRW 56,272,200, 200, to Gpents located in the F of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant sales contract”).

C. On the other hand, on November 8, 2016, the Selection C concluded an agreement with the Plaintiff to the effect that “The unpaid price for bedclothes, furniture, and pressing shall be paid in full by November 25, 2016” (hereinafter “instant payment agreement”).

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, evidence 6, evidence 7-1 through 3, evidence 8-1, 2, and 13, and purport of the whole pleadings]

2. The defendant company and the designated parties to the contract of this case are not the parties to the contract of this case, but the defendant company and the designated parties are not the parties to the contract of this case, and the lawsuit of this case seeking payment of the purchase price, etc. against the above designated parties is unlawful as a lawsuit against the non-qualified parties. However, in the performance lawsuit, the plaintiff's defense against the defendant company, etc. is not reasonable.

3. Judgment on the merits

A. According to the above facts, barring special circumstances, the defendant company was examined with respect to the claim against the defendant company and the appointed party C, and the appointed party C was jointly paid to the plaintiff at KRW 56,272,200 according to the instant payment agreement.

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