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(영문) 의정부지방법원 2016.12.16 2016가단30296

물품대금

Text

1. The defendant shall pay 20,400,080 won to the plaintiff and 15% per annum from September 9, 2016 to the day of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in each statement in Gap evidence Nos. 1 through 3 (including paper numbers), the fact that the plaintiff, who manufactures and sells synthetic resin, delivered the ice pumps to the defendant who engages in the manufacture and sales business of pentry, was not paid KRW 20,400,080 out of the price as of July 13, 2016 can be acknowledged.

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 20,400,080 for goods and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from September 9, 2016 to the day of full payment, as the Plaintiff seeks.

B. As to the judgment of the defendant's assertion, the defendant's above transaction is a transaction before the defendant's present representative director takes over the defendant, and thus it cannot respond to the plaintiff's claim. However, there is no evidence to acknowledge it, and the defendant, a stock company, cannot oppose the plaintiff for the above reasons

Since the defendant's argument is without merit.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.