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(영문) 부산지방법원 2015.11.13 2015나3492
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Determination as to the cause of claim

A. The fact that the Plaintiff, who runs the water storage unit sales business in the name of “C” as to the claim against the Defendant, supplied the water storage unit to the Defendant who was engaged in the water storage sales business in the name of “E” in Gwangju Northern-gu from “E” until 2004, and the fact that the Plaintiff did not receive the price of the goods in this case (hereinafter “the price of the goods in this case”) is not in dispute between the parties, or that the Plaintiff did not dispute between the parties, or that the entire purport of the arguments in the evidence No. 1, No. 1, No. 2, and No. 3 (including the paper numbers) is acknowledged in full view of the whole purport of the pleadings.

B. 1) Claim as to the Appointor

(2) On February 2, 2005, the Defendant, etc. continued to be supplied with the goods described in the above paragraph (a) with the Defendant, and even after having registered the business with the trade name “F” in the name of the appointed person in Gwangju North-gu D, Gwangju-gu, by January 27, 201, received the water storage unit jointly from the Plaintiff and promised to confirm the price of the goods under the above paragraph (a) and to pay the said obligation to the Plaintiff.

the goods of this subsection have been supplied jointly with the Defendant

After or after around 2005, the defendant et al. is jointly supplied by the plaintiff and the defendant et al. are supplied with the water storage unit.

It is insufficient to recognize that the goods have been promised to pay the price of the goods under this paragraph, and there is no other evidence to prove the above assertion.

Therefore, the Plaintiff’s above assertion is difficult to accept.

3 Business transfer under the Commercial Code which determines the argument of mutual continuity is a certain business purpose.

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