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(영문) 인천지방법원 2017.05.11 2016가단34730

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 24,146,00 and the interest rate of KRW 15% per annum from September 23, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. C was operating a supermarket with the trade name “Dat” and transferred it to the Defendant on June 8, 2016.

On June 8, 2016, the business operator of the said Dart was changed into the name of C Defendant on June 8, 2016, and from June 13, 2016, it has been the sole name of the Defendant.

B. From April 15, 2016 to July 11, 2016, the Plaintiff supplied agricultural products to the said Dart and was not paid for goods worth KRW 24,146,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. In the event that the transferor continues to use the transferor's trade name, the transferee is also liable to repay the third party's claim arising from the transferor's business (Article 42 (1) of the Commercial Act). According to the above fact of recognition, the defendant takes over the business of DNA from C and continues to use the trade name. Thus, the plaintiff's claim arising from the business of the transferor C is also liable to repay.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 24,146,00 as well as damages for delay calculated at the rate of 15% per annum from September 23, 2016 to the date of full payment, which is the day following the delivery date of a copy of the instant complaint, as the Plaintiff seeks.

3. The plaintiff's claim for conclusion is justified and accepted.