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(영문) 서울북부지방법원 2015.09.15 2015나616
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

1. Basic facts

A. The Plaintiff is a person who sells advertising materials, and the Defendant’s mother, the Defendant’s mother, is a person who manufactures signboards and advertisements with the trade name “E” in Seoul Special Metropolitan City, Nowon-gu from August 20, 201, and closed on November 24, 2009.

B. On June 10, 2010, the Defendant registered its business with the trade name “F” 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 C closes its business, the Plaintiff traded advertising materials with C and C, and after the Defendant’s business registration of F, supplied advertising materials to F run by the Defendant. From November 24, 2009, C closed its business until June 10, 2010, the transaction of advertising materials between the Plaintiff and C or the Defendant was continued as between the Plaintiff and C and the Defendant’s business registration of F.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 2 to 5 (including each number), the purport of the whole pleadings

2. The party's assertion and judgment

A. (1) The plaintiff's assertion (1) The plaintiff asserts that the above F is an enterprise operated by the defendant and the defendant's parents, and that C has been registered under the name of the defendant and continues to engage in a transaction with the plaintiff after the closure of the business due to bad credit standing, etc., which was traded with the previous plaintiff, and therefore, the defendant is obligated to pay the price of the goods unpaid to the plaintiff including

(2) As to the Defendant’s assertion, the Defendant independently operated the clothing and electronic commerce company, and began to engage in transactions with the Plaintiff on September 20, 2010 by adding signboards and advertising materials manufacturing business to the type of business on September 20, 2010, and thus, the Defendant is obliged to pay only the price of goods for the transaction after September 20, 2010.

B. First of all, we examine whether the Defendant is obligated to pay the price for the goods due to the transaction under C.

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