beta
Text
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
Reasons
1. The following facts may be acknowledged according to the purport of Gap evidence Nos. 1 to 4 and the entire arguments as to the cause of the claim.
The plaintiff is a person who sells the string and painting with the trade name called C.
B. The Plaintiff supplied the Defendant with building materials, such as baline, from around 2011 to June 13, 2016, and the Plaintiff stated that the amount of KRW 10,818,830, around June 13, 2016, the Plaintiff supplied KRW 5,610,000, as indicated in A’s No. 1 (Transaction) from the preparatory date for pleading on July 10, 2020, to E, and received the payment for the goods first.
The amount of KRW 10,818,830, which is the amount of KRW 10,928,830, which is entered as “the full balance” in Gap evidence No. 1, which is the amount claimed by the plaintiff, after deducting KRW 11,00,000 which the plaintiff received additionally from
failure to receive the payment
(hereinafter “The price of the instant goods”). According to the above facts, the Defendant is obligated to pay the Plaintiff the price of the goods unpaid, KRW 10,818,830, and delay damages therefor, barring any special circumstance.
2. Judgment on the defendant's assertion
A. The defendant's assertion 1) The defendant is limited to D (D).
(2) The Plaintiff’s claim for the price of the instant goods against the Defendant is based on the expiration of the three-year statute of limitations, since it is a representative director and the Plaintiff’s claim for the price of the instant goods is a company that received goods from the Plaintiff.
B. According to the purport of the entire pleadings in light of the written evidence Nos. 1, 3, and 4 regarding the assertion that the Defendant shall claim price for the goods against D, the Defendant, who was appointed as the representative director on September 21, 2009 to F Co., Ltd., but resigned on April 20, 2012, and F was changed to D on July 18, 2013, and the Plaintiff received bank remittance amounting to one million won from D on March 31, 2014.
As above, the defendant paid the price to the plaintiff even after the resignation of D's representative director, and the plaintiff's goods directly to E on June 13, 2016.