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(영문) 대구지방법원 김천지원 2018.07.17 2017가단4559
가공대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 15, 2014, the Defendant completed the business registration under the trade name of “C” by using the program development service business as the program development service business, and completed the business registration under the trade name of “D” on May 5, 2015.

On the other hand, on November 29, 2010, E, the husband of the Defendant, completed the business registration under the trade name of “F” with the type of gold-type manufacturing business, etc.

B. The Plaintiff was engaged in gold processing in the above F, “C,” and “D,” and was signed by E in the “detailed statement of D amounting to KRW 33,415,50,00, including KRW 8,126,300,000, for the processed amount for the above companies, including KRW 8,126,30,000, for the processed amount for “G”.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 6, purport of whole pleadings

2. Determination

A. The plaintiff's assertion that the plaintiff is registered as a business operator in the future of the defendant and the defendant has a total of KRW 33,415,500 for the defendant's jointly operated business with E, and therefore the defendant is liable to pay the above processing price and damages for delay.

B. The fact that the Defendant is the representative of the business registration of “C” and “D” is as seen earlier.

However, the above adopted evidence and the statement in Gap evidence No. 7 are as follows. In other words, the plaintiff started a transaction with the "F" operated by the defendant's husband before the above business registration, and received the signature of Eul even in the statement of accounts receivable in D, and the plaintiff seems to have agreed on all matters concerning E and transactions, and the plaintiff received a written notice of performance concerning the repayment of the above accounts receivable from E on July 26, 2017, it is difficult to deem that the defendant actually operated the business, such as "D," and there is no other evidence to acknowledge this differently.

Therefore, the defendant is the party to the transaction.

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