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Reasons
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(영문) 인천지방법원 2018.11.29 2017가단252399
물품대금
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1. The Defendant’s KRW 51,749,045 for the Plaintiff and 5% per annum for the period from November 3, 2017 to November 29, 2018.

Reasons

1. The parties' assertion

A. The Defendant is obligated to pay the money stated in the purport of the claim, since it was supplied by the Plaintiff with automobile color-related goods, and acquired KRW 20 million from the Plaintiff’s factory transfer proceeds liability to the Plaintiff.

B. From April 2013, the Defendant, as the former lessee in C, operated by B from April 2013, was the relationship between B and C with the salesroom occupants.

The plaintiff is only engaged in a transaction with B, and there is no transaction with the defendant.

Although the defendant repaid 8.9 million won to the plaintiff according to the contract of assignment with respect to B and C, it does not pay the money because there is any transaction relation with the plaintiff.

2. Facts of recognition;

A. The Plaintiff supplied automobile painting-related goods to the maintenance factory located in Nam-gu Incheon Metropolitan City D (the car maintenance industry company, the studio 4 partitions, and each studio, etc.) operated by the Plaintiff. From April 2013 to April 2013, the Defendant supplied the automobile painting-related goods without being registered as a business.

B. On October 31, 2013, the Defendant, under the name of anyone or E, drafted a sub-lease contract for the maintenance plant, stating that, from the above maintenance factory B, a deposit of KRW 10 million, KRW 220 million per month, and the period from October 30, 2013 to October 31, 2016, the lessee is obliged to use the collection machine, and that, as the special terms and conditions, the lessee must submit receipts to the sub-contractor and register three or more employees.

C. On May 15, 2014, the Defendant: (a) deducted the amount payable to the Plaintiff from KRW 20 million, the amount payable to the Plaintiff; (b) deducted the amount payable to the Plaintiff from KRW 20 million, the amount payable to the Plaintiff and KRW 40 million, and the amount settled in sublease from KRW 20,000,000,00 from KRW 20,000,000,000,000,000 from KRW 20,000,000,000,000,000 from KRW 2,000,000,000.

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