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(영문) 수원지방법원안양지원 2016.11.09 2016가단2572
물품대금
Text

1. The Defendants jointly pay to the Plaintiff KRW 23,737,80 and the interest rate thereon from May 5, 2016 to the date of full payment.

Reasons

1. The Defendants bearing the indication of the claim are personal entrepreneurs who manufacture and wholesale c with the trade name of “C”, and purchased machinery from April 1, 2015 to June 24, 2015 at KRW 23,785,080 and were handed over five times from June 24, 2015.

Nevertheless, the Defendants did not pay the remaining amount of KRW 23,737,800 to the Plaintiff after having paid 47,280,000 with the said machinery’s payment. Therefore, the Defendants seek reimbursement of the said money and damages for delay.

2. Article 208(3)2 of the Civil Procedure Act (the Defendant A submitted a written reply to the effect that “afterward submission” with respect to the instant payment order and the written reply to the effect that “afterward rejection of the claim” was not presented, and that the Plaintiff was not present on the date for pleading without submitting the written reply or written brief stating specific means of defense. Thus, the facts alleged by the Plaintiff shall be deemed to have been proven. Defendant B did not appear on the date for pleading without submitting any written reply even after having received a duplicate of the instant written complaint).

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