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(영문) 서울서부지방법원 2017.01.11 2016가단10462
물품대금
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 63,732,844 and 6% per annum from December 1, 2015 to May 19, 2016.

Reasons

The Plaintiff is a legal entity that carries on the business of manufacturing clothes and fiberss located in Mapo-gu Seoul Metropolitan Government; Defendant A is an individual business entity that uses the trade name of “C; and Defendant C requested the Plaintiff to supply goods, such as raw body and yarns; and the Plaintiff supplied the goods to “C” from January 30, 2012 to November 30, 2015; however, there is no dispute between the parties that the payment of KRW 63,732,844 out of the price has not been made.

However, according to the evidence Nos. 4 and 7, Defendant B’s assertion that himself is unrelated to the above goods transaction, the defendants can be found to have operated C jointly with the marital relationship.

On the other hand, when a merchant runs a business jointly and severally, the business debt is jointly and severally liable, and Supreme Court Decision 4289Hun-Ba347 Decided September 20, 1956. Thus, the Defendants jointly and severally liable to the Plaintiff for payment of KRW 63,732,84 of the above failed goods price, which is the debt of the said C, and the damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from December 1, 2015 to May 19, 2016, which is the day following the end of the transaction, and from May 19, 2016, the delivery date of the copy of the complaint of this case, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the Plaintiff’s claim against the Defendants seeking this payment shall be accepted as

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