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1. The plaintiff, Ga.
Defendant B’s KRW 118,370,00 and its annual 6% from April 5, 2016 to July 9, 2018.
Reasons
1. In fact, the Plaintiff is operating a wholesale and retail business of medical appliances with the trade name of “D”, Defendant B is a trade name of “E”, and Defendant C operates a medical device and other agencies with the trade name of “F”.
The Plaintiff supplied Defendant B with a medical device equivalent to KRW 230,370,000 from August 31, 2015 to April 4, 2016, but did not receive KRW 118,370,000 out of the price.
The Plaintiff supplied Defendant C with medical devices, etc. equivalent to KRW 29,502,00 from August 12, 2015 to March 15, 2016, but did not receive KRW 7,748,000 out of the price.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination
A. According to the above findings of determination as to the cause of the claim, Defendant B is obligated to pay the Plaintiff the amount of KRW 118,370,000 for the medical device unpaid and the amount of KRW 118,370,00 for each of the 6% annual rates prescribed by the Commercial Act from April 5, 2016 to July 9, 2018, which is clear from the date following the last transaction day, to the date of delivery of a copy of the complaint in this case, and the damages for delay calculated at the rate of 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment. Defendant C is obligated to pay the amount of KRW 7,748,00 for the medical device unpaid and the damages for delay calculated at the rate of 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
B. As to the Defendants’ assertion, the Defendants traded with G other than the Plaintiff, and only issued tax invoices in the Plaintiff’s name upon G’s request and did not raise any objection. The Defendants asserted that the Plaintiff did not have the right to claim the price of the instant goods.
If an actor who executes a contract performs a legal act in the name of another person, the actor or title holder.