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(영문) 창원지방법원 2018.12.13 2018가단104484
매매대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 90,905,980 as well as 15% per annum from July 19, 2018 to the date of full payment.

Reasons

1. Claims for the amount of goods;

A. 1) On October 21, 2017 and December 24, 2017, the Plaintiff sold the total amount of KRW 90,905,980 to Defendant A (mutual name): Defendant B provided joint and several sureties on December 9, 2017 with respect to the obligation to pay the above goods to the Plaintiff of Defendant A.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 5, and Eul No. 1, the purport of the whole pleadings

B. According to the facts found by the Defendants as above, the Defendants are jointly and severally liable to pay to the Plaintiff 90,905,980 won of Aluminium goods and damages for delay calculated at the rate of 15% per annum from July 19, 2018 to the day of full payment, as claimed by the Plaintiff, following the day of the final delivery of the copy of the complaint of this case, as the sales day of the said goods.

2. Determination as to Defendant A’s assertion of name lending

A. Defendant A’s actual manager of Defendant A’s assertion is Defendant B, and Defendant A is the nominal name holder for business registration.

The Plaintiff was aware of the above nominal name while engaging in the transaction with C and Alumin scrap.

Therefore, Defendant A is not obligated to pay the price for the goods to the Plaintiff.

B. It is insufficient to recognize the Defendant’s assertion that the actual manager C is Defendant B and the Defendant A is only the nominal lender, solely on the sole basis of the statement of No. 1 of the board No. 1, and there is no other evidence to acknowledge it.

Even if Defendant A’s name is recognized, there is no evidence to acknowledge that the Plaintiff knew or was unable to know due to gross negligence.

Therefore, Defendant A’s above assertion is rejected.

3. Judgment on the defendants' assertion of defects

A. Although the Plaintiff agreed to sell only pure aluminium scrap to Defendant B, the Plaintiff supplied the Defendant B by mixing with some of the aluminium scrap in a state in which the smoke was intended, and thereby, Defendant B.

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