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(영문) 서울남부지방법원 2018.07.10 2016가단215961
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 38,901,00 and 6% per annum from May 22, 2013 to May 11, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a supplier that purchases sales from mountainous districts and supplies them to wholesalers, etc., and the Defendant is a married couple.

B. During the period from April 24, 2013 to May 22, 2013, the Plaintiff entered into a distribution supply contract with the Defendants (hereinafter “instant supply contract”), and supplied the Defendants with an estimated amounting to KRW 64,901,000 in total (hereinafter “instant trends”).

C. Meanwhile, among 10 copies of measurement certificate prepared in the course of the instant distribution, each of Defendant B-B, Defendant C-B, and Defendant C-B, each of which is indicated as the supply partner, and the remaining three copies are not indicated as the supply partner.

In the Defendant C’s deposit account, the total amount of KRW 26 million was transferred on April 24, 2013 and KRW 6 million on May 20, 2013 to the Plaintiff’s deposit account.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5 (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the Defendants are jointly and severally obligated to pay to the Plaintiff the sum of KRW 38,901,000 (=64,901,00 won - 26,000 won; hereinafter “the instant drilling”) and the damages for delay calculated at a rate of 15% per annum under the Commercial Act from May 22, 2013 to May 11, 2016, the delivery date of a copy of the instant complaint, from May 22, 2016, to the date of complete payment.

Even if Defendant C merely allowed Defendant C to enter into the instant supply contract with the Plaintiff using his name, Defendant C is jointly and severally liable with Defendant B pursuant to Article 24 of the Commercial Act as the nominal lender.

As to this, Defendant C is above the Plaintiff.

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