(영문) 서울북부지방법원 2015.02.13 2014나4055

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Reasons

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자간(%)

(영문) 서울북부지방법원 2015.02.13 2014나4055

물품대금 등

Text

1. The part against the defendant in the judgment of the court of first instance, which orders payment below, shall be against the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur engaged in manufacturing and wholesale and retailing of leathers with the trade name of “F”.

B. The Plaintiff supplied goods equivalent to the sum of KRW 30,595,800, including leathers, from May 201 to September 2011, 201, to D (the Defendant is the name of the business operator; hereinafter “instant business”).

【Reasons for Recognition】 The descriptions of Evidence Nos. 1-1 through 5, A-2, and 7, and the purport of the whole pleadings

2. The party's assertion as to the primary claim;

A. The plaintiff's assertion that the defendant operated the instant enterprise together with C in a de facto marital relationship. As such, the defendant is obligated to pay 18,595,800 won for the remainder of the goods calculated by deducting only 12 million won the plaintiff received from the price for the goods in a de facto marital relationship.

B. Since the Defendant’s assertion C was under bad credit standing, the instant company was inevitably registered under the name of the Defendant, and C operated the instant company alone, the Defendant is not a party to the said commodity supply contract.

3. In full view of Gap evidence Nos. 5 and evidence Nos. 1 and evidence Nos. 5 of the court of first instance as to the cause of the claim, and the purport of the entire pleadings by witnesses G, the defendant used the name of the representative of the company of this case, and the defendant used the name of the director of the company of this case. ② The defendant's name of the director of the company of this case (the "I" means D, the "J" means the defendant's name is widely used in the name of the defendant, and the "J" is widely used in the name of the defendant, and the "J" has been widely used in the name of the defendant's name) and the trade with the company of this case from around 2004 or 205. The defendant was in charge of the extra-party affairs of the company of this case. The defendant directly accepted the goods that the company of this case had entrusted to G or had an employee of this case take over by the company of this case from May 12, 2014.

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