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(영문) 대구지방법원 안동지원 2018.08.21 2018가단20040
물품대금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 135,897,940 and as a result, from June 1, 2015 to January 24, 2018.

Reasons

1. Following the facts of recognition are without dispute between the parties or acknowledged by Gap evidence Nos. 1, 2, 4 through 8, 16, and 17 (the defendant Eul alleged that Gap's signature was copied by the defendant Eul's signature, and revoked it, but since there is no evidence to prove that the above recognition of establishment was contrary to the truth and due to mistake, the above revocation is not effective). The whole purport of the pleadings is acknowledged by considering the whole purport of the arguments.

A. The Defendants are mother-and-child, who jointly operate the kimchi industry under the trade name of “D”.

B. From November 17, 2013 to February 20, 2014, the Plaintiff supplied the Defendants with drilling and sect, etc., and the unpaid amount is KRW 135,897,940.

C. On December 17, 2013, Defendant B prepared a written confirmation of the balance that the unpaid amount to the Plaintiff at the time was KRW 122,635,440.

On December 27, 2013, Defendant B prepared a written confirmation of the balance of the amount payable to the Plaintiff up to the time, which is KRW 123,835,440.

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 135,897,940, and damages for delay calculated at the rate of 6% per annum under the Commercial Act from June 1, 2015 to January 24, 2018, which is the date of the final delivery of the copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

As to this, the Defendants asserted that the Defendants are not the Defendants but C, who were supplied with drillings and spawns from the Plaintiff.

However, the following facts or circumstances acknowledged by comprehensively considering the overall purport of the pleadings in each of the above facts of recognition and evidence Nos. 9 through 12 (including each number), namely, Defendant A, on October 10, 2013, with respect to the Plaintiff’s own building and land located in Songpa-gu Seoul Metropolitan Government E.

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