logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2015.03.19 2013가합4361
물품대금
Text

1. Defendant C shall pay 329,200,000 won to the Plaintiff and 20% per annum from February 12, 2015 to the date of full payment.

Reasons

1. Determination as to the claim against Defendant C

A. Claim No. 1) The Plaintiff is engaged in the mechanical parts manufacturing business with the trade name “E” in Ansan-si, the Plaintiff was paid KRW 121,338,00,000 from July 2012 to October 2012, the Plaintiff supplied the Defendant C with goods equivalent to KRW 450,538,000, and received KRW 121,338,000,000 from the Defendant C around July 2012, 2012.

3) Accordingly, Defendant C is obligated to pay to the Plaintiff 329,200,000 won for the remainder of the goods (=450,538,000 won - 121,338,000 won) and the amount equivalent to 20% per annum from the day following the day of delivery of a copy of the instant complaint to the day of complete payment. (b) The judgment made by deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act).

2. Determination as to the claim against the defendant B

A. The Plaintiff asserts that Defendant B is jointly and severally liable with Defendant C, as he is registered as a business operator of G's business, and that Defendant B was only lent to Defendant C only in the name of the business operator, and the Plaintiff was aware of the fact that he did not actually engage in the business and was not liable.

B. Article 24 of the Commercial Act provides that a person who has allowed another person to run a business using his/her name or trade name shall be jointly and severally liable to the third person who trades his/her own name or trade name with him/her as the owner of the business, and according to the statement in subparagraph 1-2 of the evidence No. 1-2, Defendant B shall be jointly and severally liable to the third person who trades his/her own name or trade name with him/her as the owner of the business on September 1, 2011.

arrow