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(영문) 인천지방법원 2015.04.22 2014가단76693
물품대금
Text

1. Defendant B’s 42,300,000 won and the interest rate of 20% per annum from November 29, 2014 to the date of full payment.

Reasons

1. From around October 29, 2012 to October 29, 2014, the Plaintiff engaged in the food supply business with the trade name of “D” in the Bupyeong-gu Incheon Metropolitan Government’s claim against Defendant B, the Plaintiff supplied the Defendant B, who runs the wholesale and retail business of food materials in the name of “E” in the Yeonsu-gu Incheon Metropolitan City, with a total of KRW 254,745,710, and paid KRW 232,539,650 from Defendant B as of October 29, 2014, and paid KRW 42,30,000 as of October 29, 2014, and the fact that there is no dispute between the parties or the fact that the Plaintiff’s claim for the purchase price of goods remains in the current amount of KRW 42,30,00,000

According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff the amount of KRW 42,300,000 for the unpaid goods and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 29, 2014 to the day of full payment, as requested by the Plaintiff.

2. Plaintiff’s claim against Defendant C

A. The Plaintiff asserts to the effect that, as the cause of the claim against the above Defendant, Defendant C prepared a written confirmation of attempted payment for the unpaid goods payment obligation with Defendant B. As such, Defendant C also is jointly and severally liable for the unpaid goods payment.

B. According to the purport of the entire argument in the statement No. 1, it is recognized that Defendant C, who was in a de facto marital relationship with Defendant B, prepared a written confirmation of attempted payment to confirm that the unpaid goods amount was KRW 60,000,000,00, as of October 19, 2013, together with Defendant B.

C. However, the following circumstances revealed by the aforementioned evidence, i.e., even based on the entry of the aforementioned written confirmation, it is merely the fact of confirming the amount of unpaid goods until that time, and the Plaintiff traded with Defendant B until October 29, 2014, even after the preparation of the written confirmation of attempted crimes, and supplied Defendant B with the amount equivalent to KRW 157,200 as of September 201 and the amount equivalent to KRW 1,12,00 as of October 2014.

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