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(영문) 수원지방법원성남지원 2015.02.12 2014가단204719
물품대금
Text

1. Defendant B shall pay 36,00,000 won to the Plaintiff and 20% per annum from July 3, 2014 to the day of full payment.

Reasons

1. The plaintiff's assertion is the cause of the claim in this case, and the plaintiff, who operates F, supplied food materials to G-W-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P,

2. In full view of each of the statements in Gap evidence No. 1-2, Gap evidence No. 1-2, Gap evidence No. 2-7, Gap evidence No. 8-1 through 8, and Gap evidence No. 9, the plaintiff can be acknowledged that the plaintiff supplied food materials to the cover page (the business owner: defendant B) and did not receive 36 million won out of the price of the goods. Thus, as requested by the plaintiff, defendant B is obligated to pay damages for delay calculated at the rate of 20% per annum from July 3, 2014 to the day of full payment after the last delivery of the copy of the complaint of this case to the plaintiff.

However, each statement of Gap evidence Nos. 2, 7, 10, 11, 12, 13, and 14, 12, 15, and 16-1, 2, and 3 is insufficient to recognize that the defendant C and the defendant E are the actual operator of the land sheet of this case, or they promised to pay the price of the goods, and there is no other evidence to prove otherwise.

Therefore, we cannot accept the Plaintiff’s claim against Defendant C and Defendant E on the premise that Defendant C and Defendant E are the actual operator of the instant sheet, or they promised to repay the price of the goods.

3. The plaintiff's claim against the defendant C is justified, and the plaintiff's claim against the defendant C and the defendant E is groundless.

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