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(영문) 의정부지방법원 2018.12.18 2018가단5799
물품대금 잔액
Text

1. Defendant A and C shall jointly and severally pay to the Plaintiff KRW 60,167,910 and the interest rate of KRW 15% per annum from September 12, 2018 to the date of full payment.

Reasons

1. Basic facts

A. Defendant A registered his/her business under the trade name “E” in Gu Government-Si D, and operated his/her business with Defendant C, who is an infant.

B. From 2013, the Plaintiff supplied pigs, etc. to the said store, and on July 31, 2015, the outstanding amount is KRW 60,167,910.

C. Defendant B (Defendant A’s wife) registered his business with the trade name “F” at the above address.

[Evidence A] Evidence Nos. 1 and 2, and the purport of the whole pleading

2. As to Defendant A and C, the Plaintiff supplied pigs, etc. to the “E” store jointly operated by Defendant A and C, and the fact that the outstanding amount as of July 31, 2015 was 60,167,910 is no dispute.

Therefore, the above Defendants are jointly and severally liable to pay 60,167,910 won and damages for delay to the Plaintiff.

3. The Plaintiff also claims against the Defendant B for the payment of the price for the goods such as the goods A and C, but there is no title to claim against the Defendant B the price for the goods supplied to the Defendant B.

(E) The business relations between Defendant B and F are not recognized, and Defendant B does not take over the business of Defendant A and C, and does not belong to their trade names). 4. According to the conclusion, the Plaintiff’s claim against Defendant A and C is reasonable.

On the other hand, the plaintiff's claim against the defendant B is without merit.

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