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(영문) 춘천지방법원강릉지원 2019.06.18 2019가단30903
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 92,420,000 and the interest rate thereon from February 22, 2019 to the date of full payment.

Reasons

1. Comprehensively taking account of the respective descriptions in subparagraphs 1 through 5 of the judgment as to the cause of the claim and the purport of the entire pleadings, Defendant C’s business registration with the trade name “D” lending the name of Defendant B, and operated active fish and fishery products wholesale and retail business, and the Plaintiff supplied a hole in D from August 2015. From August 13, 2017 to October 10, 2017, the fact that the amount was not paid can be acknowledged.

According to the above facts of recognition, Defendant C is obligated to pay to the Plaintiff the amount of KRW 9,2420,000 for the unpaid payment and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 22, 2019 to the date of full payment after the delivery of a copy of the complaint of this case sought by the Plaintiff, and Defendant B, the nominal lender, also is jointly and severally liable with Defendant C to pay the said unpaid payment and damages for delay to the Plaintiff.

(2) The Defendants’ assertion as to the Defendants’ assertion that the Defendants did not bear the obligation merely because they are the nominal holders under Article 24 of the Commercial Act and Article 24 of the name of the name of the name of the name of the name of the name of the name of the name of the name of the name of the name of the name of the name of the name of the name of the name of the name of the name of the name of the name of the name of the name of the name of the name of the owner.

3. Accordingly, the Plaintiff’s claim against the Defendants is justified, and it is so decided as per Disposition by applying Articles 98 and 213 of the Civil Procedure Act with respect to the burden of litigation costs and a declaration of provisional execution.

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