(영문) 인천지방법원 2015.01.16 2014나6589 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2015.01.16 2014나6589

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. Facts of recognition;

A. The Plaintiff is an individual entrepreneur engaged in the timber processing manufacturing business under the trade name of C, and the Defendant is a person who borrowed the name of the representative E of D Development (hereinafter “D”) in order to issue a tax invoice, etc. due to lack of business registration, and received wood, etc. from the Plaintiff.

B. From November 9, 2011 to May 7, 2012, the Plaintiff supplied the Defendant with goods equivalent to KRW 47,837,165 in total, and the Defendant paid KRW 44,350,000 in total as the price for goods from November 14, 201 to July 2, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Gap evidence 5-1, 2, Gap evidence 7-1 through 9, Gap evidence 12, 14, Gap evidence 15-1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 3,487,165 (=47,837,165 won) and damages for delay.

B. The defendant's argument as to the defendant's assertion is as follows: (a) the defendant introduced goods transaction between the plaintiff and D while working as the head of D's business, and did not receive the goods from the plaintiff (D received goods from the plaintiff); and (b) the plaintiff could not respond to the plaintiff's claim; (c) so, the defendant's name is written together with the defendant's trade name in terms of Gap's evidence 6, 8, Gap's evidence 9-1 through 3, Gap's evidence 13, Eul's evidence 7, and the whole purport of the pleadings; (d) the following circumstances, namely, the plaintiff's name is written in the transaction statement and the transaction account statement prepared by the plaintiff after delivering the goods such as wood of KRW 47,837,165 and the amount of KRW 47,837,165, and the transaction statement, etc. are also written with the defendant's name and the amount of goods paid from the passbook under the defendant's name (Evidence 7-1 through 9, Gap 12, and No.12).15

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