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(영문) 부산지방법원서부지원 2020.07.22 2019가단103964
물품대금
Text

1. The Defendant’s KRW 8,502,670 as well as 6% per annum from September 1, 2016 to April 24, 2019 to the Plaintiff.

Reasons

1. According to the overall purport of Gap evidence No. 1, Gap evidence No. 3-1, and evidence No. 3-3 as to the cause of the claim, the plaintiff company engaged in manufacturing and wholesale business, which supplied the defendant with steel materials equivalent to 5,145,536 won around July 2016, and supplied the defendant with steel materials equivalent to 3,357,134 won around August 2016 (hereinafter "the goods of this case"), but it is recognized that the defendant did not receive the price of the goods of this case from the defendant, barring any special circumstance, the defendant is obligated to pay the plaintiff 8,502,670 won (= 5,145,536 won, 357,134 won) and damages for delay calculated at the rate of annual payment from September 1, 2016 to April 26, 2019.

2. The defendant's argument regarding the defendant's assertion is that "C" is a business entity operated by the defendant, although the plaintiff supplied the goods of this case under the name of the defendant, and in fact, the defendant is not a party to the goods of this case. However, the defendant's argument that the defendant is not a party to the goods of this case in light of the following circumstances, i.e., the defendant's business registration is completed with the trade name "C" on April 28, 2016, ii the defendant entered into a lease contract with "C" on June 30, 2016 for the business of "C," and iii) the plaintiff's "the person who is supplied with electronic tax invoices related to the goods of this case" was issued by the defendant.

In addition, under the premise that the actual party to the instant goods transaction is D, D at the time of the instant goods transaction.

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