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(영문) 서울동부지방법원 2020.09.11 2018가단104376
손해배상(기)
Text

1. Defendant B Co., Ltd.: (a) KRW 179,003,760 for the Plaintiff and 6% per annum from July 6, 2017 to March 23, 2018.

Reasons

1. Determination as to the claim against the defendant B - The indication of the claim: as shown in the reasons for the claim in the attached Form.

- Grounds for recognition: Article 150 of the Civil Procedure Act - Provided, That the statutory interest rate of 12% per annum from June 1, 2019 due to the amendment of the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of

2. Determination as to the claim against Defendant C

A. As the representative director of the Defendant Company B (hereinafter “Defendant Company”), Defendant C is obligated to compensate the Plaintiff for damages equivalent to the amount of the goods unpaid, in accordance with Articles 389(3) and 210 of the Commercial Act, even if he/she had no intent or ability to pay the goods even if he/she had been continuously supplied by the Plaintiff due to the aggravation of the financial status of the Defendant Company.

In addition, from January 2, 2015 to February 3, 2017, the Plaintiff had not received the payment from the Defendant Company while continuously engaging in the transaction of goods with the Defendant Company. However, the Defendant Company entered into a contract with the Defendant Company acquiring the Defendant Company D, which is not good in operating conditions, due to the Defendant Company’s failure to collect information properly. This led to a sudden aggravation of the financial situation of the Defendant Company, which led to the Plaintiff’s failure to pay the amount of goods.

Therefore, Defendant C has neglected his duties in bad faith or by gross negligence and caused damages equivalent to the amount of the goods unpaid to the Plaintiff. Therefore, Defendant C should compensate the Plaintiff for such damages in accordance with Article 401(1) of the Commercial Act.

B. However, the evidence presented by the Plaintiff alone entered into a transaction with the Plaintiff as if the Defendant C had no intent to pay the price of the goods to the Plaintiff.

or Defendant C neglected to perform its duties in bad faith or by gross negligence and thereby Defendant C, Inc.

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