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(영문) 서울북부지방법원 2019.10.10 2018가합21948

물품대금

Text

1. Defendant B shall pay to the Plaintiff KRW 232,438,400 as well as 12% per annum from August 2, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a trade name “D”; Defendant B is a person engaged in respective fiber manufacturing business, etc. under the trade name “E”; Defendant C is a person engaged in interior construction business, etc. under the trade name “F”.

B. On October 13, 2017, the Plaintiff was requested from Defendant B to supply the Won 250,000 Camps.

The Plaintiff agreed to receive the payment of the original unit within two weeks after supplying the original unit to the business entity requested by Defendant B.

C. From October 20, 2017 to November 21, 2017, the Plaintiff supplied an original set of KRW 179,487,200 to an enterprise designated by Defendant B, and issued a tax invoice stating the recipient as F.

On January 5, 2018, the Plaintiff supplied G Co., Ltd. designated by Defendant B with a set of KRW 52,848,000, and issued a tax invoice indicating the recipient E.

[Ground for recognition] Defendant B: Confession (Article 150(3) and (1) of the Civil Procedure Act) and Defendant C: The fact that there is no dispute, entry of evidence Nos. 2 and 4 through 6, and the purport of the whole pleadings

2. According to the facts of the above recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 2, 2019 to the date of full payment, following the service of the written application for modification of the purport of the claim and the cause of the claim as of July 30, 2019, as the Plaintiff seeks.

3. Determination as to the claim against Defendant C

A. A. The summary of the Plaintiff’s claim 1) Defendant C’s liability for contracting parties ought to be deemed to have been in a partnership relationship with Defendant B. Therefore, Defendant C, as a party to the original supply contract, is jointly and severally liable with Defendant B to pay the Plaintiff the amount of KRW 179,487,200 for the goods and the delay damages therefor. 2) Even if Defendant C is not a party to the original supply contract, Defendant C is under the name of Defendant B.