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(영문) 수원지방법원 2015.06.04 2014가단21973

물품대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 56,00,000 won and 20% per annum from July 24, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff supplied the necessary goods at Defendant C’s request, which had been performing the electrical construction for factory extension works in Pyeongtaek-si E (hereinafter “instant construction”) executed by Defendant C Co., Ltd. (hereinafter “Defendant A”) while supplying the goods that the said company wants upon the order of Defendant C, who is an employee of Defendant C (hereinafter “Defendant C”).

B. The Plaintiff issued to Defendant C a tax invoice equivalent to KRW 66,00,000 of the price of the goods supplied until August 10, 2011. Defendant D made an endorsement by Defendant C on the per share (amounting to KRW 66,000,000) issued by Defendant C, and delivered to the Plaintiff.

C. On November 30, 201, the above number of shares transferred by the Plaintiff to the Customer was defaulted due to the shortage in the balance, and the Plaintiff paid the check money and recovered the said number of shares.

Accordingly, Defendant A, Defendant B, and Defendant D jointly and severally agreed to pay KRW 66,000,000 to the Plaintiff by May 10, 2012. Defendant A paid KRW 10,000,000 to the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap 1-5 evidence (including branch numbers in the case of additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, it is reasonable to view that Defendant A, Defendant B, and Defendant D agreed to pay a sum of the check money to the Plaintiff due to the default of the check number of shares paid as the price for the goods as seen earlier, and that Defendant C was liable to the Plaintiff for each commercial activity as a person supplied with the goods from the Plaintiff. As such, the Defendants jointly and severally liable to the Plaintiff for 56,00,000 won (i.e., the above KRW 66,00,000 - the repayment amount of KRW 10,000) and as sought by the Plaintiff, as sought by the Plaintiff, the date following the last delivery date of the copy of the application for change of the purport of the instant claim and the cause of the claim.