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(영문) 청주지방법원충주지원 2016.05.18 2015가단6121
물품대금
Text

1. Defendant C shall pay to the Plaintiff KRW 51,021,70 and the interest rate of KRW 15% per annum from October 21, 2015 to the date of full payment.

Reasons

1. The following facts are acknowledged in light of Gap evidence Nos. 1, 2, Eul evidence Nos. 2 and the purport of the whole pleadings as to the claim against defendant C.

In other words, the Plaintiff supplied Defendant C with the task from August 13, 2015 to August 28, 2015.

The total amount of goods is KRW 113,936,00, and Defendant C paid only KRW 62,914,300 among them to the Plaintiff, and the remainder amount is KRW 51,021,700.

Therefore, Defendant C is obligated to pay to the Plaintiff the outstanding amount at KRW 51,021,70 and the delay damages at the rate of KRW 15% per annum from October 21, 2015 to the day of full payment, which is the day following the delivery date of a copy of the complaint of this case.

(1) The legal interest rate under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is reduced to 15% per annum, and the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was amended and enforced from October 1, 2015, the portion of the claim for damages for delay in excess of the statutory interest rate is without merit).

However, it is not sufficient to view that the Plaintiff supplied work to Defendant C and Defendant C, and there is no other evidence to prove otherwise.

Rather, according to the evidence No. 1, Defendant C appears to have used the trade name “D” separately from Defendant B.

Therefore, the plaintiff's claim against the defendant B is without merit.

3. If so, the plaintiff's claim against the defendant C is justified within the scope of the above recognition, and the remaining claim against the defendant Eul and the claim against the defendant Eul are dismissed as all are without merit.

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