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(영문) 인천지방법원부천지원 2016.07.08 2015가단29031
물품대금
Text

1. The Defendant is jointly and severally and severally with B to the Plaintiff KRW 128,704,131 as well as to the Plaintiff from January 12, 2016 to July 8, 2016.

Reasons

The Plaintiff asserts that the Defendant, who jointly operates “C” with his spouse B, supplied goods on several occasions from January 2015 to October 13, 2015, and did not receive KRW 135,704,131 out of the amount of goods.

In light of the following circumstances, if a partnership obligation has been borne by an act of commercial activity for all union members, it shall be jointly and severally liable to union members by applying Article 57(1) of the Commercial Act (see, e.g., Supreme Court Decision 76Da2212, Dec. 14, 1976). The defendant shall be deemed to have jointly operated C with the defendant, in light of the following: (a) the defendant himself/herself is a person who has been involved in the operation of C; (b) the defendant is a husband and wife; (c) the defendant is a husband and wife; (d) the defendant is using the name name name "C company A"; and (e) the defendant is stated to have been engaged in a transaction with C through the defendant, and (e) the defendant is stated to have been engaged in a transaction with the defendant.

Furthermore, according to the evidence evidence evidence Nos. 1 through 4, the Plaintiff can be acknowledged as not having received KRW 135,704,131 out of the price of goods supplied to C from January 2015 to October 13, 2015. The Plaintiff is a person who received KRW 7,00,000 out of the price of the goods purchased from the Defendant after the transaction as above (3,000,000 from the price of the goods purchased to the Defendant). Thus, the Defendant is jointly and severally and severally with B to the Plaintiff for KRW 128,704,131 (i.e., KRW 135,704,131 - KRW 7,00,000 from January 12, 2016, which is the day following the delivery of a copy of the complaint of this case, to the day of full payment, and the dispute over the existence and existence of the obligation of the Defendant as to the rate of KRW 16,708,716.

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