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(영문) 의정부지방법원 2020.05.08 2019가단1411
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 26,913,839 as well as the interest rate from April 4, 2020 to the day of full payment.

Reasons

The Plaintiff supplied the board to the wholesale and retail company with the trade name of “D”, which Defendant C is registered as the representative of the Plaintiff. Defendant C also operated the said “E” with its husband from December 2, 2016. The Plaintiff received a written notice of payment of KRW 14,500,000 from Defendant B around March 30, 2017. The Defendants’ unpaid goods amounted to KRW 86,00,000, and again received a written notice of non-payment of the said amount from Defendant B on June 12, 2017. The Plaintiff, around May 9, 2018, entered the statement of settlement of the outstanding amount in KRW 24,00,000 among the Defendants, KRW 30,000,000, and KRW 30,000,000, KRW 14,000,000 among the Defendants’ respective parties to the lawsuit and KRW 15,205,018.

According to the above facts of recognition, the defendants running the business of "E" are jointly and severally liable to pay to the plaintiff 26,913,839 won for the unpaid goods after the completion of the settlement statement on May 9, 2018 (i.e., 24,00,00021,859,518 24,104,321 won - 43,050,000) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 4, 2020 to the day of full payment, as requested by the plaintiff.

As to this, the Defendants asserted that Defendant C was the representative of business registration and did not actually engage in the operation of “E”, but there is no evidence that Defendant C was actually involved in the operation of “E”, and even if so, Defendant C did not have any special circumstance.

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