beta
(영문) 인천지방법원 2019.10.30 2019가단9926

물품대금

Text

1. The Defendant’s KRW 35,206,070 as well as the Plaintiff’s KRW 15% per annum from November 27, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. From April 2009, the Plaintiff supplied B with wheels, tools, miscellaneous materials, etc. to C, which is a trade name “D”.

Since January 2013, C traded with the Plaintiff as “B,” and traded with the Plaintiff by establishing the Defendant Company on September 2014.

B. On November 20, 2017 at the Plaintiff’s request, C signed “D” and “B” on the record of outstanding amounts verifying that the outstanding amounts traded in the name of the Defendant Company are KRW 35,206,142.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. According to the above facts of recognition, C agreed on behalf of the Defendant Company to pay the outstanding amount of KRW 35,206,070 (35,206,142, recognized that the Plaintiff is a clerical error, and sought the payment of the above amount) to the Plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff 35,206,070 won and damages for delay calculated at the rate of 15% per annum from November 27, 2018 to May 31, 2019, which is the day following the day when the original copy of the instant payment order was served on the defendant, and 12% per annum from the next day to the day of full payment.

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.