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(영문) 의정부지방법원 2019.12.05 2019가단1428
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 136,314,00 won and 5% per annum from December 8, 2018 to February 1, 2019.

Reasons

1. The Plaintiff’s judgment as to the cause of the claim is a person who engages in wholesale and retail business of the board with the trade name of “D.” The Defendants, as married couple, registered as Defendant C with the trade name of “E” and operated wholesale and retail business of construction materials. The Plaintiff supplied the board equivalent to a total of KRW 159,314,000 from September 22, 2018 to November 14, 2018 with “E” as the opposite contractual party. The Defendants paid to the Plaintiff KRW 13,00,000 on September 22, 2018, and KRW 10,000,000,000 on October 2, 2018, including the Plaintiff’s cash number of KRW 136,314,000,000 from October 1, 2018, and all of the remaining parties’ arguments are acknowledged to include the Plaintiff’s cash number of KRW 136,310,000 among the goods unpaid from October 18.

According to the above facts, barring any special circumstance, the Defendants are jointly and severally liable to pay 136,314,00 won for the goods unpaid to the Plaintiff and 5% per annum as stipulated in the Civil Act from December 8, 2018 to February 1, 2019, the delivery date of a copy of the complaint of this case, which is the date of the last supply of goods, to the Plaintiff. From the next day to May 31, 2019, Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 3(1) of the Addenda to the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019); Article 2(2) of the Addenda to the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).

2. Judgment on the defendants' assertion

A. Defendant C only lent its name to Defendant B.

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