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(영문) 대구지방법원서부지원 2015.10.22 2015가단3482
물품대금
Text

1. Defendant B’s KRW 44,510,340 as well as the Plaintiff’s annual rate of KRW 6% from September 1, 2014 to January 30, 2015, and January 31, 2015.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to claims filed against Defendant B, the Plaintiff supplied 47,010,340 won to D “D” on July 11, 2014 and received 2,500,000 won out of the original payment under the name of “D” on September 5, 2014, and the registration certificate of “D” was recognized as registered by Defendant B as the representative. As such, Defendant B is obligated to pay the Plaintiff 4,510,340 won (47,00,000 won - 2,50,000 won) and damages for delay calculated on September 1, 2014 to 30,515,000 annually, as the Plaintiff seeks, from September 1, 2014 to 35, 2015 to 30% of the annual interest rate prescribed by the Commercial Act.

(A) The Plaintiff is liable to pay damages for delay calculated at the rate of 20% per annum from the day following the delivery of a copy of the complaint to the day of full payment. However, since the statutory interest rate provisions of Article 3(1) main sentence of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings were amended on September 25, 2015 and enforced on October 1, 2015, the damages for delay calculated at the rate of 15% per annum from October 1, 2015 to the day of full payment, and the portion in excess is dismissed pursuant to the above provision. Accordingly, the Defendant B’s transaction with the Plaintiff is made between his own network E, and thus, the Defendant is not liable to pay the price of the goods. However, even if the transaction was made between the network and E, Article 24 of the Commercial Act provides that a person who permits another person to conduct business by using his name or trade name is jointly liable to pay the damages for delay to a third party who trades with the Plaintiff, as the Plaintiff did not know or know the fact.

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