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1. The Defendant’s KRW 41,455,600 as well as its annual 6% from June 25, 2017 to September 29, 2017, and the following.
Reasons
1. Summary of the parties' assertion
A. Until June 24, 2017, the Plaintiff’s summary of the Plaintiff’s assertion was supplied with processed livestock products, such as Handogs, at the “C” place of business registered by the Defendant as a business entity, and was not paid KRW 41,455,600.
B. The defendant's summary of the defendant's assertion is that the defendant takes over the "C" workplace from D in April, 2017 and uses his/her trade name as it is while running the business. Thus, the outstanding amount claimed by the plaintiff is about the livestock products supplied by D at the time of the plaintiff's operation of "C", and the defendant is not liable to pay it.
2. Comprehensively taking account of the evidence evidence Nos. 1, 2, and 3 as well as the overall purport of the pleadings, it can be acknowledged that the Plaintiff engaged in the livestock product processing business supplied processed livestock products, such as Hanbags, to the “C” place of business until June 24, 2017, and did not receive KRW 41,45,600 as the price. According to the Defendant’s assertion, even according to the Defendant’s assertion, the Defendant continued to use his trade name while engaging in the business by taking over the “C” from D around April and May 2017. Thus, even if the whole or part of the above outstanding amount for domestic affairs had already occurred at the time of operation of “C” and the Defendant had not taken over the obligation from D, the Defendant is liable to pay the Plaintiff the outstanding amount to the Plaintiff pursuant to Article 42(1) of the Commercial
3. In conclusion, the Defendant is obligated to pay to the Plaintiff the outstanding amount of KRW 41,455,600 as well as damages for delay calculated at the rate of 6% per annum under the Commercial Act from June 25, 2017, the delivery of the instant complaint, to September 29, 2017, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment.
The plaintiff's claim shall be accepted with due reason.