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(영문) 인천지방법원 2015.04.10 2013가합13791
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 372,85,800 won and 6% per annum from May 2, 2013 to June 21, 2013.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The following facts do not conflict between the parties, or there is no dispute between the Plaintiff and the Defendant C, and the entire document’s authenticity is presumed to have been established as a whole, as there is no dispute between the Plaintiff and the Defendant C. Although the Defendant C signed the credit balance in a blank state, it is alleged that the credit balance was recorded later, and there is no evidence to acknowledge it, the above assertion is not accepted), the evidence Nos. 6 and 7, and evidence Nos. 8-1 through 3, and evidence Nos. 9-22 through 51 can be acknowledged by considering the whole purport of the pleadings as a whole.

1) The Plaintiff is a person running wholesale and retail business with the trade name of “D.” The Defendant C is a business entity of “F” located in Jung-gu Incheon Metropolitan City E, and the Defendant B is a business entity of “G” located in the same location (hereinafter “G”) (hereinafter “G”). The Defendants are married, and each of the said places of business is operating in the frequency. (2) The Plaintiff supplied fishery products, including active fish, to “F” and “G” from around 202. The order and settlement were conducted in a lump sum without distinction between two places of business, and the total amount of the fishery products that the Plaintiff was not paid by May 1, 2013 is KRW 372,85,800.

3 around October 30, 2010, Defendant C jointly operated “F” and “G” with the Defendants, and drafted a written confirmation that the Defendants would jointly and severally repay the unpaid amount to the Plaintiff.

B. According to the above facts of recognition, it is reasonable to view that the Defendants jointly traded with the Plaintiff in the course of operating “F” and “G,” and each of the descriptions of “B” Nos. 1-2 and “B”-2 through 4 is insufficient to reverse it, and no other counter-proof exists.

C. Therefore, barring any special circumstance, the Defendants jointly and severally paid the amount of KRW 372,85,800 to the Plaintiff and the said amount.

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