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(영문) 서울중앙지방법원 2018.06.20 2018가단5042029
물품대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1, 2, 7, 8, 12, and Eul evidence 2 to 4 and 8:

The Plaintiff is a business entity that engages in wholesale and retail business of clothing subsidiary materials with the trade name of “D,” and Defendant B is a partner registered as a business entity that engages in wholesale business, such as clothing subsidiary materials and musical cooking, in the trade name of “F,” around October 15, 2012, the second floor of the building E-gu Seoul, Jung-gu, Seoul, and is a partner of Defendant C.

B. Around August 2013, the Plaintiff received the Defendant C’s business registration certificate, and supplied “F with clothing materials, such as drilling, by August 2016,” and issued a tax invoice as shown in the attached tax invoice list.

C. The Plaintiff received KRW 96,259,981 in total from F to April 1, 2017 as the price for goods.

2. The parties' assertion and judgment

A. The Plaintiff’s assertion summary (1) is the business owner of “F,” and Defendant B is a party to a contract for the supply of goods, such as the instant subdivision, and is obligated to pay the price for the instant goods.

Even if Defendant B is not an actual business owner, but a mere nominal name holder, Defendant B is a person who has permitted the business by using his name, and is liable for the nominal name holder to the Plaintiff who trades the Defendant by mistake as the business owner pursuant to Article 24 of the Commercial Act. Therefore, Defendant B still has the obligation to pay the price of the goods to the Plaintiff.

(2) Preliminary, Defendant C is obligated to pay the price of the instant product as the actual business owner of “F”.

(3) The Plaintiff supplied F with the goods equivalent to KRW 89,671,791 in 2014 and received KRW 57,051,981 out of the price, and supplied the goods equivalent to KRW 37,420,830 from January 26, 2015 to May 31, 2017, and supplied KRW 39,208,000 in the amount of KRW 30,832,640 at present.

B. The Defendants’.

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