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(영문) 광주지방법원 2019.07.10 2018가단525229
식자재납품대금 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

Plaintiff A is a person who engages in food materials supply business under the trade name of “E,” and Plaintiff B is the wife of Plaintiff A, and Defendant C and D are the successors of the networkF.

On November 3, 2015, Plaintiff A entered into a contract for the supply of food materials (hereinafter “instant contract”) with G convalescents, and supplied food materials equivalent to KRW 209,803,305 in total to G convalescents from November 3, 2015 to January 2017. From February 2, 2016 to December 27, 2016, Plaintiff A received total of KRW 122,03,490 from G convalescents as the price for goods and remains at KRW 87,79,815.

Under the contract of this case, the holder of the G Care Hospital was the deceased F.

Plaintiff

B deposited KRW 30,000,000 at the request of Plaintiff A on October 27, 2015 to the Nonghyup Bank account of the Bank.

G convalescent was closed on February 2, 2017.

The deceased deceased on May 23, 2018, and deceased on May 23, 2018, Defendant D, H, and I were his wife Defendant C and their children. On June 25, 2018, H reported the renunciation of inheritance on June 25, 2018, and on June 25, 2018, H accepted the said report. On July 10, 2018, I reported the renunciation of inheritance as the same court No. 20137, Jul. 10, 2018, and accepted the said report on July 15, 2018.

[Based on recognition, Gap evidence Nos. 2, 3, 4, 6, and Eul evidence Nos. 4 (including the number with provisional numbers; hereinafter the same shall apply) and the purport of the whole pleadings, as to the plaintiff Gap's claim, the main networkF of the plaintiff's argument is the party to the contract of this case, and thus, the plaintiff Gap is obligated to pay the unpaid price for supply to the plaintiff Gap. Even if the contract of this case is not a party to the contract of this case, the name truster who allowed J to conduct the business of G care hospital using his name is obligated to pay the unpaid price for supply to the plaintiff

The defendants, as the heir of the net F, are obligated to pay the unpaid price of supply to the deceased F according to the statutory shares in inheritance.

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