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(영문) 서울동부지방법원 2014.07.11 2013가단60433
물품대금
Text

1. The Defendant paid KRW 36,227,534 to the Plaintiff KRW 6% per annum from May 6, 2012 to October 18, 2013.

Reasons

Comprehensively taking account of the respective descriptions in Gap 1-1 and the overall purport of the testimony and pleadings by witnesses B as to the cause of the claim, the Plaintiff may recognize the fact that the Plaintiff sold a set of 45,527,534 won in total to the Defendant from March 15, 2012 to May 6, 2012, as indicated below, as follows.

Meanwhile, inasmuch as the Plaintiff is a person who has received KRW 9.3 million out of the above high-term payment, the Defendant is obligated to pay to the Plaintiff the remaining high-term payment of KRW 36,227,534 as well as damages for delay calculated at the rate of 6% per annum under the Commercial Act from May 6, 2013 to October 18, 2013, the delivery date of a copy of the complaint of this case, as the final delivery date, and 20% 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.

As to the judgment of the defendant's assertion, the defendant is an individual C who was the representative director of the defendant, and the defendant is not a party to the above high term sales contract.

As to whom the actor and the other party to the contract are the party to the contract in cases where the actor and the other party agreed to do a juristic act in the name of the other party, the parties to the contract shall be determined as the party to the contract in accordance with the consent of the actor and the other party. If the other party fail to agree with the intent of the actor and the other party, on the basis of the specific circumstances before and after the conclusion of the contract, including the nature, content, purpose, and details of the contract, if a reasonable person exists, the party shall be determined in accordance with whose name the actor

(see, e.g., Supreme Court Decisions 94Da4912, Sept. 29, 1995; 2000Da3897, May 29, 2001). Therefore, where a party enters into a contract through an agent, one of the parties is to enter into a contract.

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