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(영문) 부산지방법원 2020.08.19 2019나66019
물품대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. C as a personal entrepreneur who runs the wholesale and retail business of meat with the trade name of “D”, supplied money and Chinese letter to the network E from October 2012 to October 2013.

B. At the time of the death of March 15, 2014, the network E was liable for the unpaid amount of approximately KRW 15 million to C (hereinafter “instant outstanding amount”).

C. C from March 5, 2014, prior to the death of the network E, supplied the Defendant who runs the wholesale and retail business of agricultural, fishery, and livestock products with the trade name “F”. On December 14, 2017, the Plaintiff Company was incorporated, and all business claims and obligations were transferred to the Plaintiff Company comprehensively.

Until May 2019, the Defendant received money from the Plaintiff Company until the end of May, 2019, and the goods payment obligation not paid to the Plaintiff Company is KRW 862,175.

[Ground of recognition] Facts without dispute, Gap evidence 10 to 12, 17 evidence, Eul evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. 1) The gist of the Plaintiff’s assertion is as follows: (a) the Defendant assumed the obligation of the outstanding amount in this case with G jointly operating the F immediately before the deceased’s death; (b) even if not, G comprehensively delegated the F’s management right by the Defendant to the Defendant, as the Defendant’s comprehensive obligor, assumed the obligation of the outstanding amount in this case. Therefore, the Defendant is liable to pay the Plaintiff the outstanding amount in this case and its delay damages as the obligor. (c) The Defendant is liable to pay the Plaintiff the obligation of the outstanding amount in this case as the obligor. (d) In light of the following circumstances, the Defendant’s evidence presented by the Plaintiff can be acknowledged by comprehensively taking into account the following circumstances as to whether the Defendant directly assumed the obligation of the outstanding amount in this case and the purport of the entire argument as to whether the Defendant directly assumed the obligation of the outstanding amount in this case.

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