logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.09.01 2016나2109
매매대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The parties' assertion

A. Until November 29, 2012, Plaintiff 24,302,287 supplied the Defendant with crypting, etc. equivalent to KRW 24,302,287, and agreed to receive the above payment by December 31, 2012, the Defendant is obligated to pay KRW 24,302,287 and delay damages to the Plaintiff.

B. Defendant 1 only supplied goods to Defendant 1’s husband C, there is no supply of goods to the Defendant, and ② not so.

Even if the Defendant registered as a business entity, he/she is liable only for KRW 6,288,319 (excluding value-added tax) after August 1, 2012, but C preferentially paid the said money.

2. Facts of recognition;

A. From around 2006, the Plaintiff began to supply goods, such as D, to the Defendant’s husband C who had substantially operated D. A’s business registration as D, but filed a report on business closure around July 2012, and the Defendant re-registered business registration as D’s trade name on August 1, 2012.

B. The Defendant signed the name of the acquirer from January 24, 201 to November 8, 2012, between the Plaintiff and D, from January 24, 2011.

C. From September 18, 2009 to January 7, 2012, the Defendant remitted the price for goods to each account of the Plaintiff’s Cmat Bank and the National Bank.

E, who was an employee of D, stated that “A is jointly operated as a couple between the Defendant and C”.

(A) Certificate No. 2, e.

Until November 29, 2012, the Plaintiff supplied D with doping, etc., and the remaining goods price paid is 24,302,287 won.

[Ground of recognition] Evidence Nos. 1 through 6, Evidence Nos. 2, 6, and 8, the purport of the whole pleadings

3. Determination

A. The Defendant is deemed to have jointly operated D with her husband C, such as signing in the transaction specification sheet before business registration and remitting the price of goods.

Therefore, it is obligated to pay the price for the transaction.

B. The defendant is 24,302,287 won and the last supply date for the remaining goods to the plaintiff.

arrow