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(영문) 서울북부지방법원 2014.12.18 2014가단1789
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 27,004,200 and the interest rate of KRW 20% per annum from December 18, 2013 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a seller of advertising materials, and Nonparty C, the Defendant’s mother, is a person who manufactures signboards and advertisements with the trade name called E in Seoul Special Metropolitan City, Nowon-gu from August 20, 201 to August 20.

B. On June 10, 2010, the Defendant registered the business of F with its trade name and started retail service business, such as clothes, electronic commerce, advertising design, etc., and added signboards and advertising materials manufacturing business to the type of business on September 20, 2010.

C. Before the Defendant made the above business registration, the Plaintiff traded with C and advertising materials supply, and after the Defendant made the business registration, the Plaintiff supplied the advertising materials to F run by the Defendant.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 6, Gap evidence 7-1 through 23, Eul evidence 2, 3 and 4, the purport of whole pleadings]

2. The parties' assertion and judgment

A. The plaintiff asserts that the defendant's above F is an enterprise operated jointly by the defendant and the defendant's parents, and the defendant's above F was closed down due to the reasons such as bad credit standing with the plaintiff and was newly registered as a business operator under the defendant's name and continuously traded with the plaintiff. Thus, the defendant asserts that the defendant is obligated to pay the goods unpaid to the defendant including the transaction portion in the

In this regard, the defendant asserts that he is liable to pay the price of goods only for the transaction after September 20, 2010, since he independently operated clothes and electronic commerce companies and started to engage in transactions with the plaintiff by adding signboards and advertising materials manufacturing business to the type of business on September 20, 2010.

B. On the basis of the determination, the Plaintiff supplied advertising materials to the Defendant after having conducted the business registration under the name of the Defendant after having conducted the transaction of supplying advertising materials with C and C, and the circumstances acknowledged in light of the aforementioned evidence and the overall purport of the pleadings, i.e., the Plaintiff’s advertising materials, to the Defendant.

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