(영문) 대전지방법원 2017.12.13 2017나103960

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(영문) 대전지방법원 2017.12.13 2017나103960

물품대금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff runs the wholesale business of freezing food with the trade name “D”.

Around November 19, 2010, the Defendant’s husband C and the Defendant registered the business of food material retail business, etc. with the trade name “E” (hereinafter “E”), but closed around May 31, 2014. C around December 1, 2013, registered the business of food material retail business, etc.

B. Around November 2010, B entered into a goods supply contract with the Defendant and B to supply freezing food, etc. to the Defendant (hereinafter “instant goods supply contract”), and C jointly and severally guaranteed the Defendant’s obligation to pay for the goods.

Accordingly, B supplied the above goods to the Defendant side, and thereafter, the Plaintiff succeeded to the instant goods supply contract from B around September 2013, and the Defendant and C consented thereto.

(hereinafter referred to as “B” goods supplied under the instant goods supply contract shall be deemed to have been supplied by the Plaintiff.

C around March 31, 2014, around March 31, 2014, the business owner supplied goods to the Plaintiff as of April 1, 2014 changed from E to F.

From April 1, 2014, the Plaintiff also provided goods under the instant commodity supply contract to F in the future, and supplied the said goods to the Defendant by January 30, 2015.

Meanwhile, among the total amount of goods supplied by the Plaintiff to E until March 31, 2014, the amount of debt not paid until the time was totaled KRW 76,29,090.

(2) Each of the following facts: (a) the Plaintiff’s obligation to pay for the goods supplied in the future; (b) the obligation to pay for the goods supplied in the future by the Plaintiff to F; and (c) the obligation to pay for the goods supplied in the future by the Plaintiff to F; and (d) the obligation to pay for the goods supplied in the future to F; (b) there is no dispute; (c) the entry of the evidence Nos. 1 through 3; (d) the evidence Nos. 6,

2. Determination

A. The key issue of the instant case derived from the primary Defendant’s assertion.

유사 판례

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