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(영문) 서울남부지방법원 2017.06.15 2016가단45469
물품대금 등
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 62,654,90 and Defendant A with respect thereto from December 3, 2016, and Defendant B.

Reasons

1. Facts of recognition;

A. The Plaintiff supplied agricultural products from June 2014 to October 7, 2016 to Defendant A who operated wholesale and retail business with the trade name to Defendant A with a claim of KRW 62,654,900 for attempted money not received from Defendant A.

B. On October 18, 2016, Defendant B entered into an agreement with the Plaintiff to take over the business of “D”, which is an enterprise operated by Defendant A from Defendant A, and to take over the said attempted amount obligation against the Plaintiff.

C. On October 27, 2016, Defendant C entered into an agreement with Defendant B that he/she would take over the business of “D” from Defendant B to use the trade name as it is, and that Defendant B will succeed to all obligations related to the business.

[Ground of recognition] Facts that Defendant A and the Plaintiff are deemed to have no dispute pursuant to Article 150(3) and (1) of the Civil Procedure Act, the entry of evidence Nos. 3, 4, 5, 6 and the purport of the entire pleadings and arguments between Defendant B, C and the Plaintiff

2. According to the facts of the judgment as to the cause of the plaintiff's claim, the defendant A is the debtor with respect to the plaintiff's claim for the attempted amount, according to the assumption of obligation agreement, the defendant C bears the obligation to pay the plaintiff for the attempted amount in accordance with Article 42 (1) of the Commercial Act, which provides for the liability of the transferee who belongs to his trade name. Barring any special circumstance, the defendants jointly and severally are liable to pay to the plaintiff 62,654,90 won for the attempted amount and the damages for delay calculated at the rate of 15% per annum as provided by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the date of delivery of a copy of the complaint to the plaintiff (for each of the defendants, the defendant A, December 3, 2016; the defendant B, March 16, 2017; and the defendant C, November 29, 2016) to the date of full payment.

(3) The defendant C's defense against the plaintiff is a joint and several relationship because the defendant's obligation to the plaintiff is identical to its content and purpose).

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