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(영문) 인천지방법원 2017.04.27 2016나13338

물품대금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasons for this part of the underlying facts are as follows, with the exception of adding “(12,95,572,500 won for goods supplied prior to business takeover on May 1, 2015)” to “2, 13, 14 of the judgment of the court of first instance” and “25,567,700 won for goods supplied prior to business takeover on May 1, 2015.”

(main sentence of Article 420 of the Civil Procedure Act). 2. Determination

A. In light of the facts stated in the evidence Nos. 3, 6, and 11 and the overall purport of the pleadings prior to the determination of the cause of the claim, the Defendant is obligated to pay KRW 12,572,500 for the goods price obligations, which are business obligations owed by E, a transferor, in accordance with Article 42(1) of the Commercial Act, as a transferee of a business who continues to use a trade name, as a whole, takes over the hotel business facilities, employees, etc. through a contract for the sale of a hotel between E and E, and continues to conduct the same business until now, and continues to use the trade name of a D hotel.

Therefore, with respect to the Plaintiff KRW 25,567,70 (= KRW 12,572,500) and KRW 12,95,200 from November 25, 2015, which the Plaintiff seeks after the date of supply, the Defendant is obligated to pay damages for delay calculated at each rate of KRW 15% per annum as stipulated in the Commercial Act from February 25, 2016 to April 27, 2017, which is the day following the date of the final supply, where it is deemed reasonable to dispute over the existence or scope of the Defendant’s obligation to perform, as regards KRW 12,572,50 from February 25, 2016.

B. The reasoning of the lower court’s judgment on this part of the Defendant’s assertion is the same as the corresponding part of the reasoning of the first instance judgment (Article 2(b)), except for adding the judgment as set forth in paragraphs (1) through (4) below.

(The main sentence of Article 420 of the Civil Procedure Act). 4 pages of the first instance judgment.