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(영문) 창원지방법원마산지원 2015.07.01 2014가단8250

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 26,483,50 and the interest rate of KRW 20% per annum from July 10, 2014 to the day of complete payment.

Reasons

1. The judgment on the cause of the claim was made by the Plaintiff: (a) from March 18, 2014 to April 3, 2014, called the Defendant’s employee; (b) from March 18, 2014 to April 3, 2014, the Plaintiff traded by means of supplying the Defendant’s fishery products to a place designated by C and receiving deposits in the account; (c) upon receipt of the Defendant’s business registration certificate necessary to engage in the trade of fishery products from C and the corporate account borrowed the Defendant’s corporate account on March 24, 2014; and (d) opened the Defendant’s business registration certificate and the corporate account borrowed the said corporate account to C on March 24, 2014; (c) as the Defendant’s business registration certificate entered in the said business registration certificate, C was registered as the Defendant’s business registration certificate under the Defendant’s name; and (d) the Plaintiff was unable to receive the Plaintiff’s testimony from March 24, 2014 to the Plaintiff’s account.

According to the above facts, the defendant allowed C to use his name to conduct business, and the plaintiff misleads C as the owner of the business, and thus, the plaintiff traded fishery products as above. Accordingly, the defendant is obligated to pay 26,483,500 won payable to the plaintiff pursuant to the provisions of Article 24 of the Commercial Act, and the damages for delay at the rate of 20% per annum from July 10, 2014 to the day of full payment as requested by the plaintiff, as requested by the plaintiff.

2. Conclusion, the plaintiff's claim is justified.