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(영문) 의정부지방법원고양지원 2016.11.30 2016가단1635
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 66,469,494 won and 6% per annum from June 30, 2015 to January 30, 2016.

Reasons

1. The Plaintiff asserts that the content of the Plaintiff’s claim is jointly and severally liable for payment of the unpaid amount of KRW 66,469,494 and damages for delay thereof to the Defendants who jointly engage in the printing business, as the Plaintiff supplied the goods equivalent to KRW 176,469,494 from October 28, 2014 to March 31, 2015.

2. Defendant A is deemed to have led to the confession of the Plaintiff’s assertion pursuant to Article 150 of the Civil Procedure Act. As such, Defendant A is obligated to pay to the Plaintiff 6,469,494 won and damages for delay calculated at the rate of 6% per annum under the Commercial Act from June 30, 2015 to January 30, 2016, the delivery date of a copy of the complaint of this case sought by the Plaintiff, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

3. As to Defendant B

A. Defendant B’s assertion that Defendant B’s “C” operated by Defendant A and “D” operated by Defendant B are separate enterprises, and Defendant B is not liable for the price of goods.

B. In full view of the statement in Gap evidence Nos. 1 and 9, the defendants are siblingsed; the defendant A completed the business registration of "C" that runs the printing business, the production business, etc. on or around April 1995; the defendant B completed the business registration of "D" that runs the book business on or around July 2014; the location of "C"'s place of business and the location of "D" are all "D" and the same fact as "C's wife population E; and the plaintiff supplied goods equivalent to KRW 176,469,494 to "C" or "D" from October 28, 2014 to March 31, 2015; the plaintiff entered the business registration certificate of "D's name" and "D's name and address changed from "C" to "D's name" on or around March 20, 2015; and the plaintiff entered the "D's business registration certificate."

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