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(영문) 대구지방법원 2017.07.12 2017나300389
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is manufacturing and selling plastic products, etc. using synthetic resin with the trade name “C”.

B. The Plaintiff supplied the “E” that was registered as a business operator under D’s name from August 201 to January 2014, 201, with a plastic product equivalent to KRW 54,792,782, however, the Plaintiff did not receive the remainder of KRW 26,650,542, which was paid for KRW 28,142,240.

C. The defendant is the wife of D.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion "E" is registered as a business operator under the name of the defendant's husband D, but the actual business operator operating "E" is the defendant, and the defendant is obligated to pay the above payment and damages for delay to the plaintiff.

B. As to whether the Defendant is the actual operator of “E”, the Defendant’s evidence Nos. 3, 4-1, 6-1, 6-1, and 6-1 of the evidence Nos. 4, 6, 7, and 8-1 of the evidence Nos. 4, 7, and 8-1 of the evidence Nos. 4, 7, and 6-1 of the evidence Nos. 4, 8 of the first instance court witness F and the entire purport of the testimony and arguments as a whole. In other words, the following circumstances are as follows: (i) G and F only have signed the documents presented by the Plaintiff at the Plaintiff’s request; (ii) the president of “E” at the first instance court is D; and (iii) the Defendant frequently presented the documents with “E” whenever it is delivered to E; and (iii) it is difficult to acknowledge the Plaintiff’s testimony different from the documents sent in accordance with D’s order; and (iii) the Plaintiff received the documents sent to the Defendant’s individual rehabilitation application process, and presented the documents No. 25265.25.

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