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(영문) 서울중앙지방법원 2016.02.03 2015나5698
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Facts of recognition

From December 17, 2003, the defendant operated the restaurant in the name of "C" (the business registration number G, hereinafter "Song-gu C restaurant") in Songpa-gu Seoul, and the plaintiff has supplied meat products to the Songpa-gu C restaurant since that time.

On January 2, 2012, the Defendant established D (hereinafter “D”) on January 2, 2012, and on February 12, 2012, after completing business registration (registration number I) with the business name H, 501, and business name D and trade name, the Defendant opened a new restaurant (hereinafter “A restaurant in Sungnam-si”).

C. Around that time, the Defendant requested the Plaintiff to supply the Plaintiff’s meat products to the cafeteria of Sungnam-si. The Plaintiff supplied the Plaintiff’s meat products worth KRW 25,144,060 (hereinafter “instant product”) from February 22, 2012 to April 20, 2012.

D on April 27, 2012, remitted 2.7 million won to the Plaintiff as the price for the instant goods.

On July 4, 2012, the defendant resigned from D's inside director, and the F was appointed as D's inside director on the same day, and D was closed on September 16, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 6, 8, 10, Eul evidence Nos. 1, 4 and 5, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserted that the plaintiff supplied the goods of this case to the Sungnam-si cafeteria at the defendant's request. Thus, the defendant asserts that the defendant is obligated to pay the goods of this case to the plaintiff, and that the defendant is D to receive the goods of this case from the plaintiff, so the defendant does not have the duty to pay the goods of this case.

B. Comprehensively taking account of the overall purport of the pleadings in each of the statements in evidence Nos. 14-1 through 3 and evidence No. 15, the Plaintiff’s column for supply of a statement of transactions issued by the Plaintiff in relation to the instant goods from February 22, 2012 to March 31, 2012 is written “C/Sinam”.

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