logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2017.04.06 2015가단17800
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Recognizing the facts, A Co., Ltd. (hereinafter referred to as “A”) operated Scmarket (C points; hereinafter referred to as “instant marina”) on the first floor of Incheon Gyeyang-gu Building B.

Around December 2013, the Defendant agreed to accept the instant marina from A, and entrusted D with the operation of the instant marina, and began to operate the instant marina from February 2014. The end of March 2014, which was before the Defendant’s business registration, had been conducted under A’s name and had been conducted under the Defendant’s name from April 1, 2014.

However, when it was difficult for the Defendant to operate the instant marina due to the cancellation of the business registration under the name of the Defendant with respect to the instant marina, the Defendant renounced the operation of the instant marina as of July 17, 2014, and D waived from July 18, 2014, which is the following day.

8. By 30. A again operated the instant marina in the name of A.

Meanwhile, from January 27, 2014, the Plaintiff supplied blue water to the instant marina, and the Defendant waived the operation of the instant marina, as of July 17, 2014, KRW 51,233,500, but the amount of the goods as of August 30, 2014, which was the last transaction date, was KRW 26,198,70.

[Ground of recognition] Unsatisfy, Gap 1-4 evidence, Gap 11 evidence, Eul 1 and 9 evidence, witness D's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion asserts that the Defendant supplied 107,233,50 won to the instant marina (from April 1, 2014 to July 17, 2014) during the period in which the Defendant operated the instant marina, and that the Defendant paid KRW 75,692,00, the Defendant should pay the remainder of KRW 31,541,50 to the Plaintiff.

In regard to this, the Defendant: (a) terminated the operation of the instant marina as of July 17, 2014; and (b) succeeded to the Plaintiff’s obligation; and (c) claimed that A performed the instant marina in its business name from July 18, 2014, while performing its business as of July 18, 2014; and (d) performed its obligation to the Plaintiff.

(b) judgment (i.e. the obligation);

arrow