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(영문) 서울중앙지방법원 2015.01.13 2013가단241468

물품대금

Text

1. The Defendant’s KRW 30,471,906 as well as 6% per annum from November 17, 2012 to April 13, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. C, which is the Defendant’s wife, has registered the Defendant as a business entity and operated the Ddones, which is a divided body funeral business under the name of the Defendant.

B. The Plaintiff, Inc., Ltd. (hereinafter “the Plaintiff”) supplied paints on several occasions to the D Island, but did not receive KRW 30,471,906 out of the price of the goods.

C. During the course of trading with D Island, the following: (a) the Defendant was mistaken for the Defendant, thereby issuing a tax invoice with the addressee as the Defendant; and (b) filing a value-added tax return on the basis thereof.

On October 9, 2012, the following was declared bankrupt by Seoul Central District Court 2012Hahap129, and the plaintiff was appointed as the trustee in bankruptcy of the next year.

[Grounds for recognition] Gap 1 to 4, 6 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts, pursuant to Article 24 of the Commercial Act, the Defendant is obligated to pay the Plaintiff the amount of KRW 30,471,906, and the damages for delay calculated at the rate of 6% per annum under the Commercial Act from November 17, 2012 to April 13, 2014, the delivery date of the copy of the complaint of this case, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

B. As to this, the defendant asserts that C has stolen the name of the defendant by making a provisional business registration with the seal imprint certificate and necessary documents known to the defendant.

However, the evidence Nos. 6 and 7 alone is insufficient to admit the defendant's assertion, and there is no other evidence to acknowledge it, so the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition by admitting it.