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(영문) 서울동부지방법원 2017.08.31 2016가단21729
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,820,150 and the interest rate of KRW 15% per annum from May 31, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. From July 29, 2014 to February 14, 2015, the Plaintiff supplied Daes, etc. to D who operated the “C” in Yongsan-gu, Yongsan-gu, U.S.A., the Plaintiff supplied 40,820,150 out of the price. The Plaintiff did not receive 40,820,150 won.

B. Around February 5, 2015, D transferred the aforementioned “C” business to E, and D transferred the said “C” business to the Defendant, whose representative director was the representative director, and the Defendant used the said “C” as it is and operated until October 2016.

[Grounds for Recognition: Records Nos. 1 through 6; Results of inquiries by the National Pension Management Corporation of this Court about the senior branch and the highest branch of the National Pension Management Corporation; the purport of the entire pleadings]

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 40,825,150 won for remaining goods and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 31, 2016 to the date of full payment, since the defendant was transferred the business of the above "C" by deceiving D and E in sequence.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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