(영문) 창원지방법원 2017.06.08 2016가단11465

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(영문) 창원지방법원 2017.06.08 2016가단11465

물품대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the parties is a corporation that runs the wholesale and retail business of livestock products, and B is a person who is registered with the meat store "C", and the defendant is the father of B.

B. (1) The Plaintiff supplied livestock products worth KRW 90,071,310 in total to C from June 20, 2014 to September 4, 2014 (hereinafter “instant goods transaction”).

(2) As the Plaintiff did not receive KRW 64,071,310 of the price of the goods described in the above paragraph (1), the Plaintiff filed an application for a payment order with the Changwon District Court Decision 2015Hu1736, Changhae District Court (Seoul District Court 2015Kadan19080) against B, but the said application for the payment order was filed and implemented as a lawsuit (Seoul District Court 2015Kadan19080), and on November 24, 2015 in the said litigation procedure, the content that “the Defendant (B) shall pay KRW 64,071,310 to the Plaintiff (the Plaintiff in this case) by May 31, 2016 was adjusted to the effect that “B shall pay KRW 64,071,310 to the Plaintiff by the date of May 31, 2016.3)”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including each number, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the plaintiff is the actual representative of C, who is supplied with goods by the defendant from the plaintiff, and that B is the party to the transaction of the goods, and merely is the name of C's business operator with the defendant's father's father, the defendant as the party to the transaction

B. In light of the following circumstances revealed by the facts acknowledged prior to the judgment, i.e., that the Plaintiff had already filed a civil lawsuit seeking payment of the price for the goods against B, a business operator of C, and the conciliation has been completed, the evidence submitted by the Plaintiff, including the witness D’s testimony, is insufficient to recognize the fact that the Defendant is a person directly involved in the instant goods transaction as a real representative of C, and otherwise, it is difficult

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