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(영문) 광주지방법원 2015.05.07 2014가단55043
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. From March 26, 2014 to November 6, 2014, the Plaintiff supplied the drugs totaling KRW 32,931,690 to B Hospital operated by the Defendant. Of them, the Plaintiff asserted that the Plaintiff was not paid the pharmaceutical products amounting to KRW 22,931,690, and sought payment.

According to the evidence No. 1 and No. 2 and No. 3, the Plaintiff supplied the Plaintiff with medicine totaling KRW 32,931,690 to B Hospital from March 26, 2014 to November 6, 2014; the Defendant was registered as the founder at the time of the establishment of B Hospital on February 26, 2014; on March 10, 2014, it can be recognized that B Hospital was registered as a business operator of B Hospital; however, according to the above evidence and evidence No. 1 and No. 1 and No. 7 evidence and the purport of the whole arguments, it is reasonable to deem B Hospital as its previous operator, but changed its name and business registration to the name of B Hospital and its business registration to the name of the Defendant; the Defendant and the Defendant provided the Defendant with the name of KRW 7,000 and KRW 160,000,000,000,000,000 for the Defendant’s medical institution under its name; and

Therefore, the plaintiff's above assertion based on the premise that the defendant is the business owner of the hospital is without merit.

2. The plaintiff asserts that the defendant is not the business owner of B Hospital, but is liable for the name-holder under Article 24 of the Commercial Act.

The fact that the defendant lent the name to C, the business owner of the hospital B, is as shown above, but the prior evidence is as well.

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