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(영문) 전주지방법원군산지원 2017.09.28 2016가단9464
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 26,171,655 and the interest rate of KRW 15% per annum from November 1, 2016 to the date of complete payment.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff continued to supply the Defendant, who operates B from November 5, 2014 to July 31, 2015, with a company engaging in the business of processing and selling fish products. The amount unpaid out of the price of wholesale supplied by the Plaintiff to the Defendant is KRW 26,171,65.

B. The Defendant drafted a written confirmation of the transaction details and balance (Evidence A) of October 7, 2015, stating that the amount unpaid as of August 31, 2015 is KRW 26,171,665, and that the amount unpaid as of October 7, 2015 is KRW 26,171,665, and that the amount unpaid as of September 30, 2015 is KRW 26,171,665, and written confirmation of the transaction details and balance (Evidence A2) of October 26, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

C. The Defendant is obligated to pay to the Plaintiff the unpaid amount of KRW 26,171,655 and the damages for delay calculated at the rate of 15% per annum from November 1, 2016 to the date of full payment, following the delivery date of a copy of the instant complaint, as sought by the Plaintiff.

2. The defendant's assertion argues that the defendant operated B as joint business operators with C and C, and that the amount claimed by the plaintiff is equivalent to that of his/her own business operator, and that C may not be aware of the demand for joint repayment.

According to the evidence No. 7, the business operator of B around November 5, 2014, when the plaintiff made the first transaction with B, the business operator of B is the defendant alone, and the business registration certificate (Evidence No. 7) of B on February 4, 2014 entered the reasons for delivery as the reasons for termination of joint business operators.

In addition, according to the statements in Gap evidence Nos. 2 and 6, the defendant prepared a statement of transactions and a written confirmation of balance to confirm the unpaid amount of KRW 26,171,665 in the name of the sole representative two times.

Therefore, the defendant's above assertion is not accepted.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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