logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.09.07 2017가단19139
물품대금
Text

1. The Plaintiff:

A. Defendant B shall be KRW 52,213,711 and the interest rate of KRW 15% per annum from October 26, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On August 20, 199, Defendant C established and operated a producer of maldbes, etc. with the trade name “D”, and closed on October 7, 2016, and Defendant C, a child of Defendant C, established a producer of maldbes, etc. with the trade name “E” on January 11, 2017.

B. The Plaintiff supplied steel products to Defendant C, who operated D, from March 24, 2016, to Defendant C, and the amount of goods not paid by the Defendant C as of February 7, 2017 is KRW 45,589,071.

C. The Plaintiff supplied Defendant B, who operated E, with steel products equivalent to KRW 24,106,940 from February 8, 2017 to March 2017. As of March 31, 2017, the price for the goods that was not paid by Defendant B was KRW 8,124,640 (=value 24,106,940 - offset disposition amounting to KRW 982,300 - amount to be repaid 15,00,000).

On the other hand, on February 7, 2017, the Plaintiff and the Defendants drafted a “payment confirmation document” stating that “the Defendant C’s obligation to pay for the goods is KRW 45,589,071, and Defendant B (E) pays for the goods of Defendant C (D).”

Defendant C paid KRW 1,500,000 to the Defendant on March 2017 as the repayment of the price for the goods D.

[Grounds for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 8, and the result of response to each order of submission of tax information by this court to the remaining chief of the tax office

2. According to the above facts finding as to the claim against Defendant C, Defendant C is obligated to pay to the Plaintiff the unpaid amount of KRW 44,089,071 (i.e., unpaid amount of KRW 45,589,071 - Amount of KRW 1,500,000) and damages for delay calculated at the rate of 15% per annum from October 26, 2017 to the date of delivery of a copy of the complaint of this case.

3. Determination as to the claim against the defendant B

A. 1 The Plaintiff asserted that Defendant B continued to supply steel products to Defendant B, on the ground that Defendant B either assumed or jointly guaranteed the obligation to pay the unpaid goods to Defendant C.

arrow