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(영문) 서울북부지방법원 2015.08.20 2014가합22622

물품대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 106,388,995 won and 20% per annum from July 2, 2014 to the date of full payment.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company that produces and sells raw parts, etc. necessary for clothing. 2) Defendant A operated an individual business under the trade name of “C” and succeeded to the said business while converting the said business into “Defendant B Stock Company,” which is the current trade name, and completed the registration of incorporation on July 24, 2012.

Defendant A is the representative director of Defendant B Co., Ltd. (hereinafter “Defendant Company”).

B. The Plaintiff entered into a contract with Defendant A on goods supply with the content that the Plaintiff would supply the original and subsidiary materials, etc.

Pursuant to the above commodity supply contract, the Plaintiff supplied the original parts and subsidiary materials to Defendant A from January 2010 to July 2012, and the Defendant A supplied the original parts to the Plaintiff upon request for goods processing during the above period and supplied the original parts to the Plaintiff, thereby making transactions between the Plaintiff and the Defendant A.

C. (1) around March 12, 2013, Defendant A sent to the Plaintiff by facsimile the director of the Customer Account with respect to the amount of credit purchase. As of July 31, 2012, Defendant A stated that the amount of credit purchase to the Plaintiff of Defendant A was KRW 105,725,025, as of July 31, 2012. (2) The Plaintiff filed a claim for the balance of the amount of goods from KRW 22,109,667 to KRW 703,793,614 to the supply price of goods from December 7, 2010 to KRW 106,38,995, as of December 7, 2014.

The certificate of content was sent to the effect that the above amount would be paid and changed.

The total sales amount of the original and subsidiary materials supplied by the Plaintiff to the Defendant between February 2010 and July 2012 is KRW 1,110,57,590 as shown in the attached Table 1. Of them, the Defendant paid KRW 984,903,758 to the Plaintiff as shown in the same Table.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, 7, 19, and Eul No. 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. We examine the judgment on the cause of the claim, and examine the above facts of recognition.