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(영문) 부산지방법원 2016.02.03 2015가합3849
물품대금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 281,611,00 and the interest rate thereon from November 19, 2015 to the day of full payment.

Reasons

1. Determination as to the claim against Defendant B

A. The Plaintiff, as to the claim, supplied the pipe distribution amounting to KRW 296,401,270 to Defendant B (hereinafter “Defendant B”), and received KRW 14,790,270 from Defendant B. As such, Defendant B is obligated to pay to the Plaintiff the amount of KRW 281,611,00 for the unpaid goods (==296,401,270 - 14,790,270 won) and damages for delay at a rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 19, 2015 to the date of full payment, following the delivery of a copy of the complaint of this case.

(b) Article 208(3)3 of the Civil Procedure Act, based on which the recognition is based;

2. As to the claim against Defendant C, the Plaintiff filed a claim against the Defendant C for joint payment of the unpaid goods. However, the Defendant C is only the representative director of the Defendant B, and the Plaintiff supplied the goods, such as pipes, to the Defendant C.

The plaintiff's claim against the defendant C is without merit, since there is no evidence to prove that the defendant C agreed to pay the plaintiff the amount of the unpaid goods to the plaintiff.

3. In conclusion, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.

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