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(영문) 의정부지방법원 2017.07.12 2017가단103924
물품대금
Text

1. The Defendant’s KRW 52,00,000 as well as the Plaintiff’s annual rate from July 1, 2016 to March 31, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a trade name “C,” and the Defendant is a person who runs the interior business in the name of “D.”

B. From January 2016 to March 2016, the Plaintiff contracted for interior works from the Defendant to March 2016 and supplied interior goods to the Defendant, and the outstanding amount to KRW 95 million in total.

C. On April 12, 2016, the Plaintiff drafted and issued a non-performance note with the content that “The Plaintiff promised to repay the total sum of KRW 95 million of the outstanding amount and KRW 12 million of value-added tax, the total sum of KRW 7 million of the outstanding amount, by June 30, 2016.”

On July 5, 2016, the Plaintiff received reimbursement of KRW 50 million out of the outstanding amounts from the Defendant.

[Ground for recognition] Unsatisfy

2. Determination

A. Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 52 million (=12 billion - 50 million) and damages for delay.

B. As to this, the defendant asserts that the actual operator is E and he is merely the nominal lender and is not responsible for it. However, there is no evidence to acknowledge it, and the above assertion is without merit.

3. Thus, the plaintiff's claim is justified.

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