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(영문) 서울남부지방법원 2014.04.22 2013가합12694

물품대금

Text

1. The Defendant’s KRW 467,821,326 among the Plaintiff and KRW 440,930,60 among the Plaintiff, shall be from July 23, 2013 to April 22, 2014.

Reasons

1. Basic facts

A. From March 14, 2012 to July 16, 2012, the Plaintiff supplied products, such as automatic control devices, their parts, etc., to the Non-Party Cratch Co., Ltd. (hereinafter “Non-Party C”)

B. On September 13, 2012, the Plaintiff filed an order against Nonparty Company to pay KRW 440,930,600 (hereinafter “the instant goods price”) for the supply price of the said goods with the Seoul Southern District Court Decision 2012 teabry29742, and served the original payment order on the non-party company on the 24th day of the same month.

Since then, the above case was implemented as a litigation procedure following the filing of objection by the non-party company. On May 14, 2013, the court rendered a judgment ordering the non-party company to pay 440,930,600 won to the Plaintiff as the same court 2012Gahap10319, and damages for delay at the rate of 6% per annum from July 17, 2012 to September 24, 2012, and 20% per annum from the next day to the day of full payment, and became final and conclusive around that time.

C. On September 14, 2012, the Defendant merged the part of the electrical construction business divided by the non-party company (hereinafter “instant merger after division”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1, Gap evidence 1-3, Gap evidence 2 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. On the premise that the defendant is jointly and severally liable for the non-party company's obligation to pay for the instant goods in accordance with the above final judgment, the plaintiff asserts that: (a) the principal and interest of the non-party company's obligation up to July 22, 2013, 518,515,109 won 440,930,600 won 】 [1 (70/365 days from July 17, 2012 to September 24, 2012) 】06 (301/365 days from September 25, 2012 to July 22, 2013) 】 (301/365 days from July 25, 2012 to July 22, 2013) 】 (0.2) x 518,727,69 won (be less than won) or the plaintiff's assertion.

In addition, with respect to KRW 440,930,60, the principal of which is 440,930,600, damages for delay shall be claimed at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from July 23, 2013 to the date of

In this regard, the merger after division shall continue to exist under Article 530-9 (1) of the Commercial Act.