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(영문) 서울남부지방법원 2018.05.11 2017가단236576
물품대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 85,00,000 and the period from May 20, 2017 to October 13, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs the business of wholesale in the D market with the trade name of “E”. Defendant B is a person who runs the Smarket in the name of “G” in Suwon-si, Suwon-si, Suwon-si, and Defendant C is a person who registered the business with the trade name of “H” and “H” as of July 20, 2016.

B. Around April 2016, the Plaintiff began sales on credit in a manner that sells hot water from the air conditioning tower owned by Defendant B to the air conditioning tower, upon receiving a request from Defendant B with the said G business registration certificate to supply hot water to G.

C. From April 2016 to early 2017, the Plaintiff supplied Cheongchina to G, but did not receive an amount equivalent to KRW 85,00,000 for goods.

Around May 19, 2017, Defendant C drafted a letter stating that “The payment of unpaid goods shall be KRW 85,000,000,000,” and the phrase “the person in charge of orchard G” was written in front of his/her name and affixed a seal stating the registration number (J) and address of G.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5, and 7 (including virtual number), the purport of the whole pleadings

2. Since the part of the Plaintiff’s claim against Defendant C confessions all the facts constituting the Plaintiff’s claim, the Defendant C is obligated to pay the Plaintiff the unpaid amount of KRW 85,00,000 and delay damages therefor.

3. The part concerning the plaintiff's claim against the defendant B

A. The plaintiff alleged 1's assertion that the plaintiff directly traded the goods with B as the parties to the transaction, and even if the defendant C operated the place of business independently from the defendant Eul, the defendant Eul allowed the defendant C to use "G" under his/her name and caused the plaintiff to misunderstand that the transaction with the defendant B was made. Thus, according to the name truster's liability under Article 24 of the Commercial Act, the defendant C and the plaintiff jointly and severally traded the goods amounting to 85,000,000 won and damages for delay.

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