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(영문) 서울남부지방법원 2017.11.17 2016가단263311
물품대금
Text

1. Defendant A shall pay to the Plaintiff KRW 29,660,00 and the interest rate of KRW 15% per annum from February 18, 2017 to the date of full payment.

Reasons

1. The plaintiff's assertion

A. The Plaintiff asserted against the primary Defendant against the Defendant was supplied four times from September 12, 2014 to September 27, 2014 at the request of Defendant A, who had operated the D gas station located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, but was not paid KRW 29,660,000 out of the amount of the oil. Even if Defendant A lent his name to Nonparty E, Defendant A should be held liable for the nominal name holder under the Commercial Act.

B. If Defendant A’s assertion against the conjunctive Defendant is consistent with the assertion, the person who jointly operated the DNA gas station at the time is Defendant B and Nonparty E, and thus, Defendant B also sought a preliminary payment for the oil price.

2. The defendants' assertion

A. A. A person who operates a neighboring station by the primary Defendant’s assertion is Nonparty E and Defendant B, and he lent the name on the business registration certificate to Nonparty E, and the Plaintiff was also aware of such fact and traded as above.

B. The conjunctive Defendant’s assertion is only one-half of the shares in the building of a gas station, and D gas station was operated solely by Nonparty E.

2. Determination of Gap evidence Nos. 3-1, Eul evidence Nos. 1, Eul evidence No. 1, Eul evidence No. 2, testimony of witness E, etc., the actual operator of the DNA gas station in which the plaintiff supplied the oil was the non-party Eul, who was the punishment of the defendant Eul, and the defendant Gap lent the name on the business registration certificate to the non-party Eul at the time. Thus, the plaintiff's claim based on the premise that the defendant A was the party to the oil transaction of this case is without merit.

However, in full view of the following circumstances, Gap evidence 1, Gap evidence 2, Eul evidence 3-1 and witness Eul's testimony and the whole purport of the arguments, i.e., the defendant Eul, upon the non-party Eul's request, sent a telephone contact to the F who is the plaintiff's employee, and the supply of oil to the D gas station began. The plaintiff received the registration certificate (G) of the D gas station before the transaction commencement.

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