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(영문) 광주지방법원해남지원 2019.06.18 2018가단202320

전복대금 청구의 소

Text

1. Defendant D’s KRW 49,020,00 for Plaintiff A, and KRW 36,00,000 for Plaintiff D and each of the said money from December 13, 2018.

Reasons

1. Determination as to the claim against Defendant D

A. Defendant D is obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 13, 2018 to the day of full payment, as the Plaintiff A sold the entire uniform of KRW 49 million on June 7, 2018, and KRW 36 million on June 2, 2018 to the Plaintiff. As such, Defendant D is obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 13, 2018 to the day of full payment.

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts;

2. Determination as to the claim against Defendant C

A. Since Defendant C’s assertion is in a partnership with Defendant D, it is jointly and severally liable with Defendant D to pay each of the money set forth in paragraph (1) to the Plaintiffs.

B. In full view of the reasoning of the argument as to Gap evidence Nos. 2-1 to 3, and the fact-finding with respect to the FF corporation of this court, Defendant D’s purchase of uniform from the plaintiffs, stating Defendant C’s trade name in the trade column of the transaction specifications prepared to the plaintiffs, and Defendant D sold part of the former part of the purchase from the plaintiffs to F corporation, and the F corporation remitted the price to the Defendant C’s account.

However, in full view of the above evidence and evidence Nos. 2 and 4, the business registration number of “G” operated by Defendant C is H, while the business registration number indicated in the transaction specifications prepared by Defendant D to the Plaintiffs is different from I; F Co., Ltd. is stated in G in the transaction specifications prepared by Defendant D at the time of being supplied with the entire uniform from Defendant D; and it is deemed that Defendant D was working for Defendant C; and it was transferred money to Defendant C’s account at Defendant D’s request; Defendant C transferred money to Defendant C’s account at Defendant D’s request; and Defendant C immediately deposited money from F Co., Ltd. upon Defendant D’s request.