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(영문) 대구지방법원 2015.04.28 2014가단54875

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 25,535,00 and interest rate of KRW 20% per annum from November 8, 2014 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. On May 30, 2013, the Plaintiff: (a) entered into a goods supply agreement with the Defendant on the supply of theme, coins, etc. (hereinafter “instant goods supply agreement”); and (b) supplied the instant goods to the Defendant by August 30, 2014; and (c) the Defendant’s unpaid goods amounting to KRW 25,535,00,00.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 25,535,000 for the unpaid goods and damages for delay at the rate of 20% per annum from November 8, 2014 to the day of full payment, which is the day following the delivery date of the original copy of the instant payment order, as sought by the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, purport of the whole pleadings

2. The defendant's argument as to the defendant's assertion that since the goods supply agreement of this case was concluded with the Daegu Branch of Co., Ltd., which is not the plaintiff, the plaintiff is not liable for paying the goods price to the plaintiff as an individual, and even if it is not so, there was a defect in the sulfur change in the goods supplied by the plaintiff, so that the plaintiff'

In addition to the statement No. 1 of this case, if the purport of the whole argument is added to the statement of evidence No. 1 of this case, it is recognized that the plaintiff affixed the employee identification number of the corporation D which the plaintiff had kept on the trade agreement of this case upon the conclusion of the goods supply agreement with the defendant, but the following circumstances, which are acknowledged by adding the whole purport of the argument to the statement of evidence No. 3, 5, and 6 of this case (which include the numbers of numbers; hereinafter the same shall apply), are that the Daegu branch of the corporation D does not exist as a separate corporation or an enterprise, that the name of the plaintiff is written in the party column of the above trade agreement,