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(영문) 수원지방법원안산지원 2015.10.30 2015가단6227

물품대금

Text

1. The Defendant’s KRW 98,272,570 as well as the Plaintiff’s annual rate of 6% from March 1, 2015 to October 5, 2015, and the following.

Reasons

1. In addition to the purport of the entire arguments in the statement in subparagraph 1-1-8 of the evidence No. 1-2 of the judgment as to the cause of the claim, the Plaintiff, who is engaged in the manufacturing and wholesale retail business of electronic parts at the above domicile, under the trade name of “C”, entered into a contract for the supply of electronic parts with the Defendant, the representative of “D”, by stipulating that the price for goods shall be paid after the lapse of 60 days from the time of delivery, and accordingly, supplied KRW 98,272,570 in total to the Defendant, including circuit board (PCB) from June 2014 to December 30, 2014.

Therefore, the Defendant, barring special circumstances, is obligated to pay to the Plaintiff damages for delay calculated at the annual rate of 20% as prescribed by the Commercial Act, from March 1, 2015 to September 5, 2015, stating the purport of amending the purport of the purport of the purport of the claim of this case, as the Plaintiff seeks, from March 1, 2015 to September 18, 2015, the delivery date of the pleading protocol as of September 18, 2015; Article 2(2) of the Addenda to the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015).

2. The defendant's argument regarding the defendant's assertion is merely lent only the name in the name of business registration of "D" to E, and the actual operator is E, and the plaintiff also supplied goods to E with the knowledge of such fact, and thus it is not possible to respond to the plaintiff's claim. However, there is no evidence to acknowledge this (the defendant submitted a written response on April 20, 2015, but did not appear on the date for pleading)

Even if the defendant's assertion that the defendant lent the name to E, the nominal lender's liability under Article 24 of the Commercial Code is the nominal lender's name.