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(영문) 인천지방법원 2016.07.08 2015가단248082
물품대금
Text

1. The Defendant shall pay KRW 37,678,00 to the Plaintiff the annual rate of KRW 15% from February 2, 2016 to the day of complete payment.

Reasons

On September 7, 2010, it is recognized that the defendant prepared a written pledge of payment of goods price (written note) and delivered it to the plaintiff on September 7, 2010.

A B does not dispute the authenticity of the above document. Thus, barring any special circumstance, the existence and content of the declaration of intent between the parties as stated in the above statement, which is a disposal document, should be recognized ( insofar as the authenticity of the document is recognized, the court shall recognize the existence and content of the declaration of intent according to the contents, unless there is any clear and acceptable counter-proof that the contents are denied (see, e.g., Supreme Court Decision 93Da55456, Oct. 11, 1994). Barring any special circumstance, the defendant is liable to pay to the Plaintiff the amount of KRW 37,678,00 for the goods stated in the above statement, and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 2, 2016 to the date of full payment, which is the day following the delivery of a copy of the complaint to the Defendant.

In regard to this, the defendant denies the defendant's individual responsibility because the price of the goods set forth in the above letter is according to the transaction with C and the plaintiff he worked as vice president, but there is no evidence to support it. Rather, even if the above letter is examined according to the defendant's argument, the defendant can be deemed to have expressed his individual intent to pay the goods to the plaintiff as an executive officer. Thus, the defendant's argument cannot be accepted

Therefore, according to the plaintiff's argument, the claim of this case is wholly accepted.

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