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(영문) 인천지방법원부천지원 2015.04.10 2014가단47179
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,00,000 and the interest rate of KRW 20% per annum from October 29, 2014 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who is engaged in the manufacturing and wholesale business of lighting fixtures under the trade name of C, and the Defendant is a person who engages in the construction and sales business of non-residential buildings under the trade name of D.

B. Around 2011, the Defendant owned a lot of land, including the site for the construction of a new plot of land E, Gyeonggi-do, and five parcels of land (hereinafter “instant site”) in its name and F Co., Ltd. However, Nonparty G decided to purchase the said land from the Defendant for the construction of a penta and did not fully pay the purchase price to the Defendant, and carried out a penta construction at the instant site.

C. G agreed to fully assume and settle the construction cost of the instant site or the subcontractor’s construction cost. D.

In order to guarantee the payment of the purchase price from G, the Defendant maintained the name of the building authorization in the name of the Defendant, and did not transfer the ownership of the said land to the third party designated by G or G.

E. The Plaintiff received a copy of the Defendant’s business registration certificate from March 26, 2014, upon receiving a request for the supply of lighting fixtures from Nonparty H, who received G’s instruction.

5. By December 12, 200, an electronic tax invoice was issued on May 28, 2014 by supplying lighting fixtures equivalent to KRW 23,100,000 to the instant site, and issued the electronic tax invoice to the Defendant to whom the Defendant is supplied.

F. Meanwhile, G acknowledges that it was supplied with lighting fixtures from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, evidence 4-3, 5 and 7, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition as to the primary cause of claim, the plaintiff can recognize the fact that he supplied lighting fixtures to the site of this case constructed by G, not the defendant. Thus, the plaintiff's primary claim is without merit without further consideration.

(b)Article 24 of the Commercial Code provides that "the name or trade name of another person shall be determined as to the conjunctive cause of action."

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