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(영문) 인천지방법원 2020.12.02 2019가단244248
물품대금
Text

1. The Plaintiff:

A. Defendant C shall pay KRW 28,842,00 and a rate of 12% per annum from February 1, 2020 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who is engaged in the business of manufacturing kitchen appliances with the trade name of D, and Defendant C is a person who was engaged in the wholesale and retail business of bank appliances with the trade name of E, and was closed on March 31, 2018, and Defendant B is a person who runs the wholesale and retail business of bank appliances by opening F on October 1, 2017.

B. The Defendants married on February 7, 1991 and divorced on December 29, 2009.

C. The Plaintiff supplied the main organization to E (Defendant C) by December 2017, and supplied the main organization to F (Defendant B) by January 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 10, 11, 13, 14, Eul evidence Nos. 1-3 and 6 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. As to the claim against Defendant C, Defendant C operated “E” and supplied the main organization to the Plaintiff, but did not pay KRW 33,842,000 (i.e., KRW 14,00,000 that Defendant C paid to the Plaintiff (i.e., KRW 14,00,000 on January 2, 2018), which was appropriated for the repayment of the price of the said goods, and the Plaintiff appropriated each payment of the said goods to the repayment of the unpaid goods, at the instant complaint, and agreed to the payment of the unpaid goods at the fourth date for pleading, and even Defendant B also agreed to the payment of the unpaid goods at the fourth date for pleading.). The Plaintiff and Defendant C agreed to the payment of the unpaid goods at KRW 3,00,000 on March 3, 2019 by installments between the parties.

Meanwhile, after the filing of the instant lawsuit, the Plaintiff has received reimbursement of KRW 5,000,000 from Defendant C.

Therefore, Defendant C is obligated to pay to the Plaintiff 28,842,00 won for the remaining goods (=3,842,000 won - 5,000,000 won for final installment payments) and to pay to the Plaintiff 12% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 1, 2020 to the date of full payment.

3. Determination as to the claim against the defendant B

A. The Defendants asserting that the Plaintiff is liable to pay for the goods when jointly managing E and F. The amount of goods 28,842.

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