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(영문) 서울서부지방법원 2019.05.31 2018가단20012
미수금
Text

1. Defendant C shall pay to the Plaintiff KRW 34,838,00 and the interest rate of KRW 15% per annum from April 11, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the publication of books and the educational service business.

Defendant C is the actual operator of “E” that was started on January 1, 2014, and Defendant D is the representative for its business registration.

B. From January 2014 to August 14, 2015, the Plaintiff supplied reference documents, learning sites, etc. to E., and the outstanding amount of the goods price at the time the transaction was completed was KRW 34,838,00.

C. Defendant C: (a) on February 16, 2017, the outstanding amount to the Plaintiff was KRW 15,000,000 on March 31, 2017; and (b) the same year.

6. 30.15,000,000 won, and the same year.

9. The 30.4,838,000 won and other three times have been drawn up a “written undertaking to pay attempted bonds” with the content that they will be paid in installments.

Defendant C is the representative of “E” in the foregoing “written promise to pay the attempted bonds.”

On February 24, 2017, the Plaintiff sent to Defendant D a certificate to the effect that he/she would pay the outstanding amount three times as stated in the “written promise to pay the outstanding amount.”

E. The Defendants did not pay the outstanding amount to the Plaintiff so that the due date for the said “written promise to pay the outstanding amount” falls short of the due date.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the claim against Defendant C, Defendant C is obligated to pay to the Plaintiff the outstanding amount of KRW 34,838,000 and damages for delay at the rate of 15% per annum from April 11, 2019 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case.

B. On the other hand, the Plaintiff asserts that “Defendant D also has the obligation to pay the outstanding amount as a representative for business registration,” Defendant D merely lent the name of the representative of the “E” to Defendant C, and all of its operations were entrusted by Defendant C, and the Plaintiff also paid the unclaimed bonds from Defendant C.

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