(영문) 서울동부지방법원 2017.07.24 2016나5926

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(영문) 서울동부지방법원 2017.07.24 2016나5926

물품대금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the wholesale business of chemical products. The Plaintiff is a company that runs the business of manufacturing synthetic resin in Yangju-si D, and the Defendant is a person who registered his/her business with the trade name "E" at the same address as the Nonparty Company on September 6, 2014, as the former wife.

B. From September 2014, the Plaintiff supplied the chemical goods, etc. to the non-party company and issued the tax invoice in the name of the non-party company. From February 2015, the Plaintiff issued the tax invoice at the request of the non-party company C, the representative director of the non-party company, and continued to supply the chemical goods, etc. at the same workplace.

C. The Plaintiff did not receive KRW 19,515,940, out of the amount of goods supplied to the said workplace from September 2014 to May 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 6, purport of whole pleadings

2. Determination

A. The summary of the party's assertion: The non-party company and the "E" are practically the same company, and the defendant continued to deliver the goods on the ground that they have repaid the non-party company's obligation to pay the price for the goods.

The defendant: the defendant takes over the business from the non-party company and started the transaction with the plaintiff from February 2, 2015. Since the price of the goods after the above date is fully paid, there is no responsibility for the plaintiff's assertion about the price of the goods.

B. The evidence duly adopted prior to the judgment is as follows: (a) the Defendant registered the business with the trade name “E” at the same address as that of the non-party company; and (b) the Defendant was divorced on December 9, 2010, but is registered as a director of the non-party company in the corporate registry on July 24, 2012; and (c) the Defendant was registered as a director of the non-party company in the corporate registry on the same date.

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