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(영문) 서울북부지방법원 2019.02.19 2018가단16826

물품대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 21,00,000 and 6% per annum from August 9, 2018 to February 19, 2019.

Reasons

1. Defendant B actually operated the clothing sales business “D”, and Defendant C, as the spouse of Defendant B, lent the name of Defendant B to Defendant B as the representative under the name of “D,” and the Plaintiff supplied Defendant B with the clothing of KRW 36.58 billion until May 2017. The Plaintiff, around July 2017, agreed to pay between Defendant B and Defendant B in 11 month each of 2.5 million and to reduce the remainder of the claim. There is no dispute between the parties, and the fact that Defendant B paid the Plaintiff KRW 6.5 million thereafter to the Plaintiff is the Plaintiff.

Therefore, Defendant B is jointly and severally liable to pay to the Plaintiff KRW 21,00,000 and 15% interest per annum from August 9, 2018 to February 19, 2019.

Inasmuch as the Plaintiff did not appropriately repay the amount of the debt that has been reduced upon conditional request, the Plaintiff sought full payment of the remainder from 36.580,000 to 6.5 million won of the original amount of the credit. However, it is insufficient to recognize that the evidence submitted by the Plaintiff alone was insufficient to acknowledge that there was an agreement to pay the entire amount of the original amount of the credit in the event that the Plaintiff fails to perform such an agreement,

2. In conclusion, the plaintiff's claim against the defendants is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.