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(영문) 서울중앙지방법원 2017.08.08 2016나57344
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. Basic facts

A. On November 2014, the Plaintiff entered into a clothing supply contract with E, which operates I and supplied clothing, and after the incorporation of Defendant (Representative Director E) who is a juristic person, supplied clothing, the Plaintiff supplied clothing to the Defendant.

B. On September 22, 2015, the Plaintiff and the Defendant settled the total transaction amount of KRW 982,711,000, 243,700,000, with the settlement of the unpaid amount of KRW 243,700,000 (hereinafter “instant agreement”). The Plaintiff and the Defendant agreed to the final accounts payable at KRW 120,00,000 through additional return and re-consultation.

C. On October 13, 2015, C, which supplied the Plaintiff’s clothing from the Defendant, promised to pay the outstanding amount of KRW 230,000,000 to the Defendant in six installments at the same place with the Plaintiff’s representative D, the Defendant’s representative E representative E, and auditor F, etc., and among them, KRW 120,00,000, among them, appears to be a clerical error in the attached form of payment written “ until May 20, 2015”.

hereinafter referred to as "the statement of payment in this case"

A) The F made up and delivered a copy of the above notes to D. C paid KRW 30,000,000 out of the price of the goods to the Plaintiff by November 2015. [The fact that there is no dispute over the grounds for recognition, each entry in Gap 1 through 4, and the purport of the entire pleadings.]

2. Determination as to the cause of action

A. The plaintiff's assertion is registered as a business operator under the name of E, and in substance, F is supplied to I who is a business operator. Thus, E and F are the principal debtor of the price of the goods in this case, and the defendant is a person who takes over E and F's obligations overlapping by preparing the agreement in this case.

On the other hand, the right to designate the obligor under Article 5 of the agreement of this case shall be deemed to be the Plaintiff, and even if the Defendant has the right to designate the obligor, since the parties to the letter of payment of this case are F and C, it cannot be deemed that the Defendant designated C as the obligor by preparing

Furthermore, the defendant C.

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