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(영문) 수원지방법원 안양지원 2018.08.17 2017가단111015
물품대금
Text

1. Defendant B limited liability company’s KRW 63,093,549 as well as 6% per annum from July 6, 2017 to August 17, 2018.

Reasons

1. In full view of each of the statements in Gap evidence Nos. 2 through 4 (including paper numbers), the plaintiff is the defendant limited liability company B (hereinafter "the defendant company").

(2) According to the above facts, the Defendant Company may provide the Plaintiff with a total sum of 25,465,932 United Nations from May 2016 to November 24, 2016, and received KRW 19,200,00 in 25,465,932 United Nations from the day following the conclusion of the goods supply contract. According to the above facts of recognition, the Defendant Company shall pay to the Plaintiff 63,093,549 (=6,265,465,932N - 19,200,000) the amount of monetary claims designated in foreign currency from the day after May 2016 to the day after November 24, 2016, to the day after 19,200,0000,0000 won, which are 60,0000 won or less, to the extent of 16,000,0000 won per annum of foreign exchange as of the date of the obligor’s closing of pleading.

2. Claim against Defendant C

A. The Plaintiff’s assertion that Defendant C actually operates, the Defendant Company appears not to go through the decision-making process, such as a general meeting of members or a board of directors, as stipulated in the law or the articles of incorporation, and the amount to be confirmed by Defendant C between the Plaintiff and the Plaintiff.

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