logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2015.08.28 2015가단3020
물품대금 지급
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C is the husband of the Plaintiff, and D is the full south of the Defendant.

B. D was engaged in the import business by importing and building drillings in China. Since 2012, C invested funds in D’s large-scale import business and received profit from D.

C. Around December 4, 2012, the Plaintiff’s trade name “E” imported 160,000 kilograms from China (hereinafter “instant order”) and completed the customs clearance on December 31, 201, and D was handed over the instant order on December 31, 2012.

After that, C, upon D’s request, issued a tax invoice to the effect that on December 31, 2012, the Plaintiff supplied D with a trend equivalent to KRW 52,00,000,00 to F, a representative of the Plaintiff.

[Reasons for Recognition] Unsatisfy Facts, Gap's statements in Gap's 1, 3 through 6, witness D's testimony, witness C's partial testimony, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion 1) D entered into a sales contract for the instant order with C who represented the Plaintiff on behalf of the Defendant, and accordingly, the Plaintiff imported and supplied the instant order to the Defendant in China. As such, the Defendant, as a party to the sales contract for the instant order, was the Plaintiff as a party to the sales contract for the instant order, (hereinafter “the instant price for goods”).

(2) Even if D did not have the right to represent the Defendant, the Plaintiff and the Defendant were legally married at the time of the sales contract for the instant order, and D represent the Defendant as a community with respect to daily home affairs, so the Defendant shall be jointly and severally liable with D pursuant to Articles 827 and 832 of the Civil Act.

Even if it is a legal act beyond the scope of ordinary household affairs, D is an agent C of the plaintiff, such as issuing a tax invoice in the future of the defendant.

arrow