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(영문) 인천지방법원 2018.11.28 2018가단250031
물품대금
Text

1. The defendant is jointly and severally and severally with the owner of the farm limited company and the plaintiff 35,323,820 won, and the defendant is also jointly and severally and severally with the owner of the agricultural company.

Reasons

1. Facts of recognition;

A. The Plaintiff, a corporation engaged in the business of manufacturing and selling mixed feed related to livestock industry, and, around January 2014, entered into a feed supply contract with an agricultural company Epics limited company (hereinafter “Epics”), supplied feed to Epics. The Defendant issued, on January 27, 2014, promissory notes in Incheon Metropolitan City, at par value of 130,000,000, date of issuance, January 27, 2014 to secure the payment of feed for Epics.

B. Although the transaction with the Plaintiff was terminated, the Pampling did not pay feed of KRW 35,323,820 as of the date of closing the argument in this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the defendant is jointly and severally liable to pay to the plaintiff the unpaid feed amount of 35,323,820 won within the scope of the above promissory note amount and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 5, 2018 to the date of full payment, which is clear from the day following the day when the original copy of the instant payment order was served on the defendant.

B. As to this, the defendant asserts that the service of this case is unlawful, since the defendant did not receive the original copy of the payment order directly.

On the other hand, the plaintiff applied for the payment order of this case, and stated the defendant's address as "Yim city B," which is the resident registration address, but the original copy of the payment order was not served due to the cause of director's unknown at the above address. Since then, the plaintiff revised the defendant's place of service to "Ywon-si D," which is the location of the defendant's office of CF's farming association corporation registered as director, and on September 4, 2018, E, which is stated as workplace rent at the above address, was served

Service, domicile, temporary domicile, or temporary domicile, of the person served.

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