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(영문) 의정부지방법원 2015.04.24 2015가단3310
물품대금
Text

1. The Defendant’s KRW 81,043,00 for the Plaintiff and 5% per annum from October 12, 2013 to January 6, 2015.

Reasons

1. Determination as to the cause of claim

A. (i) The Plaintiff is a corporation that manufactures and sells a single-use lecturer, and the Defendant is a person who sells construction materials in the name of B.

When the Plaintiff delivered the lecture note to the Defendant, the Plaintiff agreed to pay the price for the goods immediately, and manufactured and supplied the Defendant a lecture amounting to KRW 122,177,00 (including value-added tax) on four occasions from September 4, 2013 to October 11, 2013.

Article 81,043,00 won is the amount of goods unpaid by the defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the amount of KRW 81,043,00 for the unpaid goods and the amount of delay damages at each rate of 5% per annum prescribed by the Civil Act from October 12, 2013 to January 6, 2015, the delivery date of the original copy of the instant payment order, and 20% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

2. As to the judgment on the defendant's assertion, the defendant's actual operator Eul is the father of the defendant, and the defendant is only the representative on the name of the defendant. Since the plaintiff was aware of this fact, the plaintiff cannot respond to the plaintiff's claim, but there is no evidence to acknowledge this, the defendant's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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