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(영문) 수원지방법원안산지원 2019.07.10 2018가단64149
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Plaintiff, who runs a wholesale business of livestock products under the name of “C”, reaches KRW 60,977,841, which was not supplied with livestock products for a multi-year period until March 15, 2016. Even if the Plaintiff operated the Plaintiff by lending the Defendant’s name, the Plaintiff was unaware of the name of the Plaintiff and traded the Defendant with the Defendant’s business owner, and thus, the Defendant should be held liable for the name of the name holder. (2) The Defendant only lent the name of the business owner upon the Defendant’s request by Da and did not engage in any transaction with the Plaintiff, and the Plaintiff is well aware of such fact.

B. If the evidence Nos. 1, 2, and 3 added the purport of the entire pleadings, the Defendant registered his/her business with the trade name “C” on July 13, 2012, and the Defendant’s bank account was mainly paid to the Plaintiff by using the Defendant’s bank account, and the Plaintiff supplied the livestock products to C from around that time to March 15, 2016, but did not receive KRW 60,977,841.

On the other hand, if evidence Nos. 1 through 12 (including paper numbers) and witness D’s testimony added the purpose of the entire pleading, the representative E of the Plaintiff company and the Defendant’s omission D entered the Plaintiff company on or around 2000 and worked as the Plaintiff company on or around 2009; E acquired the Plaintiff company on or around May 2012, and transferred its head office from the G-si city to the G-si city, and is working as the representative and engaged in the wholesale business of livestock products so far; D also retired from the Plaintiff company on or after the Defendant’s business registration (C) and started transactions with the Plaintiff company while commencing the wholesale business of livestock products under the name of the Defendant. The Defendant admitted the Plaintiff to the FF University Music music on or around February 12, 2016, and graduated from the Plaintiff on or around February 12, 2016, and recognized the fact that the Plaintiff was working as a childcare teacher during the school substitution period (child care teacher).

3.2

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