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(영문) 광주지방법원 2016.06.29 2015가단42907
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 64,726,801 and the interest rate of KRW 15% per annum from September 16, 2015 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. A. The summary of the Plaintiff’s assertion 1) from around 2005, the Plaintiff supplied building materials to the Defendant Company while operating D. Around May 2013, the Plaintiff acquired the Defendant Company’s sales property from C, and the Plaintiff also acquired the Defendant Company’s goods payment claim. The Plaintiff thereafter supplied building materials to the Defendant Company by August 28, 2015, and sought payment of the remaining goods amounting to KRW 64,726,801, and delay damages therefrom. 2) Since the sales amount claimed by the Defendant was unilaterally calculated based on the transaction ledger and transaction statement.

Since the Defendant Company was not notified of the assignment of claims by C and the Plaintiff, and there was no approval therefor, the Plaintiff may claim only the price for the goods for the transaction after May 2013.

B. Determination 1) As examined below in the remaining amount of the goods price, the head of the transaction ledger and the statement of transaction submitted by the Plaintiff as evidence are written by the Plaintiff, but in light of the fact that the transaction relationship with the Defendant Company seems to be relatively reasonable and that there is no counter-proof, it is determined that the details of the statement can be trusted. The 1-5 transaction head of the 4th 5 transaction head of the Plaintiff and the Defendant Company stated the details of transaction with the Defendant Company from January 5, 2011 to August 28, 2015, the goods price remaining as of August 28, 2015, which had been the final transaction with the Plaintiff and the Defendant Company, is KRW 64,726,801.

B. Although there is a considerable number of signatures on the part of the defendant company in the 1-84 transaction statement of Gap evidence 5's 1-84 transaction statement, the signature of the former representative director E of the defendant company is also found at many places.

In addition, in light of the form and content of the transaction list, the above transaction list is stated by the Plaintiff and the Defendant Company.

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