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(영문) 대전지방법원 2019.01.22 2018나105376
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 judgment of the court of first instance.

Reasons

Basic Facts

The plaintiff sells agricultural chemicals and agricultural materials under the trade name of "D", and the defendant was engaged in agriculture while living together with "C".

From March 22, 2016 to September 30, 2016, the Plaintiff sold products, such as agricultural chemicals and agricultural materials, necessary for farming houses, to C on credit.

The remaining amount remaining after partial repayment until February 28, 2017, out of the amount of goods sold to C on credit by the Plaintiff, is KRW 19,619,00.

On the other hand, the defendant purchased agrochemicals from G running the F along with C and E, and G applied for the payment order against the defendant, C and E as the Daejeon District Court of Hongsung Branch of Budget 2018 tea184.

On May 9, 2018, the above court ordered payment to the effect that “the Defendant, C, and E jointly and severally pay the unpaid price of goods to G,” and the above payment order was served on the Defendant, etc. on May 11, 2018. The said order was served on the Defendant, etc. on the grounds that the Defendant, etc. did not raise any objection, and became final and conclusive on May 26, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, and the purport of the whole argument as to the plaintiff's assertion with the defendant as to the purport of the whole argument, Eul purchased goods from the plaintiff for use in agriculture operated with the defendant, and this is included in the scope of ordinary family affairs. Thus, the defendant is jointly and severally liable to pay the price for the goods to the plaintiff.

The defendant's assertion that the defendant purchased the goods necessary for farming company from G's F operated by G, there is no purchase from the plaintiff, and C does not use the goods purchased from the plaintiff for the defendant's farm.

However, the defendant is only liable to the plaintiff for the payment of five million won in lieu of the price for the goods at the request of the plaintiff who was living together with the defendant. Therefore, the defendant is not jointly liable for the payment of the price for the goods by C.

Judgment

According to the above facts, C purchases goods from the plaintiff and uses them for agriculture with the defendant.

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