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(영문) 수원지방법원안산지원 2016.01.15 2015가단111747

물품대금

Text

1. The Defendant’s KRW 150,000,000 and its amount shall be 6% per annum from January 1, 201 to November 21, 2015 to the Plaintiff.

Reasons

1. The Plaintiff is a shareholder who owns 100% of the shares of C Co., Ltd. (hereinafter “C”).

By September 30, 2010, the Defendant, while serving as the representative director of D Company, was supplied with showerer by C. In return, C issued the Promissory Notes totaling KRW 150,000,000 at its face value, but the said Promissory Notes was in default.

On November 19, 2010, the Defendant agreed to pay the Plaintiff KRW 150,000,000 by December 30, 2010.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. Pursuant to the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings on Part of Dismissals (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015), the part seeking money exceeding the rate of 15% per annum out of the Plaintiff’s damages for delay is dismissed.