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(영문) 수원지방법원 2016.03.17 2015가단51872
물품대금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall pay KRW 110,074,745 and its amount from October 23, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is manufacturing and selling synthetic resin with the trade name called E. The Defendant Company is manufacturing or selling synthetic resin, Defendant C is the representative director of the Defendant Company, and Defendant D is selling synthetic resin with the trade name of F as the children of Defendant C.

B. The Plaintiff sold synthetic resin products to the Defendant Company from January 7, 2011, and was not paid KRW 110,074,745 as the price for goods supplied from January 7, 2013 to May 6, 2013.

C. The Plaintiff was not paid an amount equivalent to 12,577,620 won for goods supplied to Defendant D from May 8, 2013 to May 22, 2013.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3 (including all of the branch numbers), the purport of the whole pleadings

2. As to the claim portion against Defendant Company and Defendant D, the Defendant Company is obligated to pay the Plaintiff the unpaid amount of KRW 110,074,745, the unpaid amount of KRW 12,577,620, and the unpaid amount of KRW 12,57,620 after the due date, and the interest for arrears at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 23, 2015 to the date of full payment, as requested by the Plaintiff, to the day following the due date.

Therefore, all of the claims of the plaintiff are reasonable.

3. The plaintiff's assertion and determination related to Paragraph 1 of the claim against the defendant C is the cause of the claim. ① The defendant company is not only the defendant company but also the defendant company. ② On the other hand, the defendant C acquired the above goods by deceiving the plaintiff as if it did not have the intent or ability to pay the price even if it was supplied with the goods from the plaintiff because it was not operated properly. Since the defendant company is liable for damages equivalent to the price of the goods, it is jointly and severally with the defendant company.

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