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(영문) 인천지방법원 2018.11.28 2018가단20452
물품대금
Text

1. The Defendant’s KRW 101,877,532 as well as the Plaintiff’s annual rate from April 8, 2018 to May 30, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation engaged in the wholesale business of fishery products.

B. The Defendant’s wife B completed the business registration under the trade name of “C,” and the Defendant was in charge of the purchase, transportation, and collection of goods at the customer of the said C, and the Defendant and B operated the said C along with the Defendant, such as the financial management and tax affairs of C.

C. The Plaintiff supplied fishery products to C at the Defendant’s request from around April 2016 to April 2018, but was not paid for the amount of KRW 101,877,532 as of April 7, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of recognition, the defendant seems to have been determined by B as only one of the married business entities, while operating the business entity in the marital relationship with B (the defendant is an employee of C, but it is difficult to accept the defendant's assertion in light of the fact that the defendant received fixed benefits in C or did not subscribe to private insurance as an employee, etc.). The plaintiff seems to have been aware that the defendant was the actual operator of C in all transactions with the defendant.

Therefore, the defendant is obligated to pay the plaintiff 101,877,532 won for the goods unpaid to the plaintiff as co-operator and the parties to the contract with the plaintiff and 6% per annum under the Commercial Act from April 8, 2018 to May 30, 2018, the service date of the original copy of the payment order in this case, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. If so, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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