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(영문) 부산지방법원 2015.05.20 2014나13461
물품대금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff, a person who runs wholesale and retail business in the name of “D”, supplied eggs to “F” located in the territory of the Seo-gu Busan (hereinafter “the instant marina”) and was not paid KRW 2,489,400 out of the price.

B. On July 20, 2013, Defendant C agreed to accept the instant marina in the name of Defendant B, the wife, and prepared a transfer note (Evidence A No. 1, B No. 4; hereinafter “instant transfer note”) of the amount receivable between G and the former operator of the instant marina on July 20, 2013. The transfer note states that “The diesel column No. 2,489,400” and “the amount to be attempted by the commercial transaction partner is liable to the underwriter,” and the transfer note No. 360, May 31, 2014, Defendant C entered the name of “H” at the location of the instant marina and Defendant B’s name. Defendant C registered the business on July 21, 2013; Defendant C entered the instant management of the instant Mar. 1, 2014 through 4, and had no ground for dispute over the instant transfer of the evidence No. 530, May 31, 2014.

2. Determination as to the cause of action

A. According to the above basic facts, the Defendants are jointly and severally liable to pay the Plaintiff damages for delay calculated at the rate of 20% per annum from December 17, 2013 to the date following the day when the duplicate of the complaint in this case seeking payment was served on the Defendants, as well as the day after the day when the copy of the complaint in this case was served to the Defendants, barring any special circumstances.

B. As to this, the Defendants were written on the condition that G can repair the shock cases and external oxygen loss of the instant marina in normal operation.

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