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(영문) 수원지방법원여주지원 2014.10.16 2014가합634

물품대금

Text

1. The Defendants jointly and severally against the Plaintiff KRW 140,00,000 and the Defendant B from August 29, 2013. < Amended by Act No. 12545, Aug. 29, 2014>

Reasons

1. Basic facts

A. The Plaintiff supplied original livestock products, etc. to the D cafeteria that Defendant B is the representative of the Plaintiff. On April 1, 2011, the amount of credit outstanding reaches KRW 156,788,000, Defendant B’s punishment was issued to Defendant C, who is the above cafeteria operator, and received a written confirmation of the unpaid balance of the product price stated as “D representative B and joint and several sureties.”

B. From then to August 201, the Plaintiff supplied original livestock products, etc. to the above restaurant and issued a tax invoice to Defendant B.

C. After August 201, the Plaintiff prepared a letter of payment stating that “I will not deliver original livestock products, etc. to the above restaurant, and receive some of the outstanding amounts of KRW 213,622,000 from May 9, 2013, and will pay KRW 140,000,000 to the Defendant C on August 21, 2013.”

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including each number in the case of additional number), and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, Defendant B is the counterpart to the transaction, and Defendant C is jointly and severally liable to pay to the Plaintiff the unpaid amount of KRW 140,000,000 as well as damages for delay at each rate of 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day of August 29, 2013, on which the copy of the complaint of this case was served to Defendant B, until March 31, 2014, and to Defendant C, until July 8, 2014, on which the duplicate of the complaint of this case was served to Defendant C, until July 8, 2014, and until the day of full payment.

B. Defendant B’s assertion as to Defendant B’s assertion did not have any awareness with the Plaintiff, and Defendant C registered its business by stealing Defendant B’s name, and conducted transactions with the Plaintiff. The Plaintiff is the Defendant.