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(영문) 수원지방법원 2016.12.08 2016가단513520

물품대금

Text

1.For the plaintiff: (a)

Defendant A shall pay for KRW 52,415,838 and for this, from July 12, 2016.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 4 against Defendant A, the Plaintiff supplied the Defendant A with the total amount of KRW 157,589,838 from January 28, 2014 to March 28, 2016, and only KRW 105,174,000 can be acknowledged.

According to the above facts of recognition, Defendant A is obligated to pay to the Plaintiff the amount of 52,415,838 won (157,589,838 won - 105,174,00 won) payable to the Plaintiff and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 12, 2016 to the date of full payment after the complaint was served to Defendant A.

If so, the plaintiff's claim against the defendant A shall be accepted on the ground of the reasons.

2. A claim against Defendant Note Cosmetics Co., Ltd. (hereinafter “Defendant Co., Ltd”).

A. The facts that there is no dispute over the cause of the claim, and in full view of the purport of the entire pleadings in the statement No. 3, the Defendant Company: (a) endorsed on the issuer, O20 million won at par, 20 million won at par, issue date, October 20, 2015 at the set-off branch (hereinafter “instant check”); and (b) Defendant A paid the instant check to the Plaintiff as the price for the said goods; and (c) the Plaintiff offered the said check but refused to pay the check, respectively.

According to the above facts, as an endorser of the check of this case, the defendant company is obligated to pay the amount of KRW 20 million among the amount of the check of this case 52,415,838 won in collaboration with the defendant A and the delay damages calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 5, 2016 to the date of full payment after the bill of this case was served by the plaintiff on the defendant corporation, the defendant corporation, as the endorser of the check of this case.

B. As to the assertion of the Defendant Company, the Defendant Company is the publisher in relation to the instant checks.