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(영문) 서울북부지방법원 2018.08.14 2017가단26253
물품대금
Text

1. The Defendant’s KRW 29,04,090 for the Plaintiff and 6% per annum from December 27, 2014 to August 14, 2018.

Reasons

1. According to the Plaintiff’s assertion as to the Plaintiff’s assertion, the Plaintiff’s evidence Nos. 1 through 3 (including the serial number), and the witness C’s partial testimony, it can be acknowledged that C, an employee of the Defendant, received KRW 63,130,290 in total from the Plaintiff during the period from August 5, 2014 to December 26, 2014.

The plaintiff asserts that C is jointly and severally liable with C, a nominal borrower, in accordance with Article 24 of the Commercial Act, since C was obligated to pay the above money because C received the right of representation to conclude a contract to supply the above goods from the defendant as the employee of the defendant, or because C was leased his/her name, it is insufficient to recognize that C was an employee of the defendant at the time. However, according to the witness C's testimony, it is insufficient to recognize that the defendant granted the right of representation to supply the above goods between C and the defendant. Rather, according to the witness C's witness's testimony, C can be recognized as being a employee of the defendant with respect to the construction he/she received from the defendant and supplied the above goods. Therefore, the plaintiff's above assertion is without merit.

Then, according to the witness's witness's testimony, the defendant can be acknowledged that he lent the defendant's name so that he can give permission to construction work and deliver goods. Thus, the defendant is jointly and severally liable with C, a person who borrowed his name to C, who is a nominal borrower, under Article 24 of the Commercial Act, to pay the price of the goods to the plaintiff.

(Evidence) The evidence produced alone is insufficient to find that the Defendant knew or could have known that the Defendant lent the name to C at the time the Plaintiff was supplied with the above goods supply contract and the goods, and there is no other evidence to prove otherwise)

2. Determination C on the Defendant’s assertion is until October 20, 2014, delivered by the Defendant.

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