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(영문) 서울동부지방법원 2019.05.23 2018가합1290

물품대금

Text

1. The Defendant’s KRW 310,533,882 as well as the Plaintiff’s annual rate of 5% from September 12, 2018 to May 23, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a company established on December 16, 201 and engaged in wholesale and retail business of livestock products. The Defendant granted a comprehensive power of attorney to make her children C and D operate a refined restaurant, etc. under the trade name of her children C and D, and C and D received livestock products from the Plaintiff under the name of the Defendant.

230,035,300 1,100,100,100,100,100,000,467,978,800 2013,442,116,210,367,89,40 230,052,940,940 34,880,008,08 93,730,000 in total 1,831,812,690,980,000 in 2016

B. The Plaintiff supplied livestock products to the Defendant from July 2012 to December 2017. The Plaintiff’s sales amount and the details of the price paid by the Defendant are as follows.

C. The Plaintiff issued each tax invoice of KRW 36,250,300 to C among the above unpaid amount, and KRW 40,048,50 to D.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3, purport of the whole pleadings]

2. According to the above facts, the defendant granted a comprehensive power of representation to use the defendant's name in operating a refined restaurant with the trade name "E" to C and D, and C and D have been supplied with livestock products under the defendant's name within the scope of such power of representation. Therefore, it is reasonable to deem that the party who entered into a contract with the plaintiff for the supply of livestock products is the defendant.

Therefore, the Defendant shall pay to the Plaintiff 310,533,882 won (i.e., the total unpaid amount of KRW 386,832,682 - C 36,250,300 - D’s unpaid amount of KRW 40,048,50) and damages for delay at each rate of 15% per annum as stipulated by the Civil Act from September 12, 2018, which is the day following the delivery date of a copy of the complaint of this case until May 23, 2019, when the Defendant claims the existence and scope of the obligation to pay the Defendant from September 12, 2018 to May 23, 2019, and from the following day to the day of full payment.