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Reasons
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(영문) 대구지방법원안동지원 2014.12.24 2014가단1447
물품대금
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1. Defendant B’s 64,047,160 won and the interest rate of 20% per annum from September 27, 2014 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against Defendant C

A. The Plaintiff asserted that the Plaintiff supplied sports goods to the Defendants from March 22, 2007 to October 16, 2013 under a contract for the supply of sports goods concluded with the Defendants. Accordingly, the Plaintiff has a claim for the price of sports goods equivalent to KRW 64,047,160 against the Defendants.

Therefore, Defendant C is jointly and severally liable to pay 64,047,160 won and damages for delay.

B. First of all, according to each description of evidence Nos. 2 and 3 (including serial numbers; hereinafter the same shall apply), upon examining whether the Plaintiff entered into a contract for the supply of sports goods with Defendant C, it can be acknowledged that Defendant C and Defendant C sent money to the Plaintiff’s account several times from 2007 to 2010, and the Plaintiff also remitted money to Defendant C as KRW 2 million on April 10, 2013 and KRW 1 million on June 19, 2013.

However, in full view of the purport of the argument as a result of the order to submit financial transaction information to the Korean National Bank Co., Ltd., the evidence Nos. 1, 1, 2, 4, and 5, the witness E’s testimony, and the order to submit taxation information on the old tax free book of this court, the Plaintiff: (a) conducted wholesale and retail business of sports goods with the trade name “G” from June 17, 2005 to “G”; (b) Defendant B conducted retail business of sports goods with the trade name “I” from March 25, 2007 to “I”; and (c) the Plaintiff entered into a contract with Defendant B to supply sports goods to the Defendant under the contract of this case (hereinafter “instant contract”); and (d) Defendant C supplied goods to the Plaintiff from August 25, 1993 to “J” in Daegu as “the mutual clothing”.

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