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(영문) 수원지방법원성남지원 2015.03.25 2014가합8185
물품대금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 111,289,750 and Defendant A with respect thereto from December 28, 2014, and Defendant B.

Reasons

1. Facts of recognition;

A. On March 201, the Defendants established D Co., Ltd. (hereinafter “D”) with C& 401 Dong 116 (hereinafter “D”), which was supplied with the construction materials, and conspired to close and escape from the office after being disposed of as dumping. Defendant B was in charge of supplying and disposing of the construction materials under the name of “E”, and Defendant A decided to act as the representative director of D.

B. The Defendants received goods equivalent to KRW 111,289,750 from the Plaintiff who runs the wholesale business of electric machinery and equipment even though they did not intend to pay the price of the goods in accordance with the aforementioned public offering, and acquired them by deception, from June 20, 201 to August 1, 201.

C. After the Plaintiff’s criminal complaint, Defendant B was prosecuted for the above criminal facts and finalized on September 13, 2013 after having been sentenced to eight months of imprisonment by the Seoul Southern District Court, and Defendant A was subject to the suspension of prosecution by the prosecution.

[Reasons for Recognition] Defendant A: The written evidence of No. 1 through No. 6, Defendant B’s entire purport of pleading

2. According to the above facts of determination, the Defendants, as joint tortfeasor, are jointly and severally liable to pay to the Plaintiff the amount equivalent to 111,289,750 won and damages for delay at the rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from December 28, 2014 to the date of delivery of the copy of the complaint of this case, as sought by the Plaintiff after the date of the aforementioned tort.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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