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(영문) 울산지방법원 2020.01.14 2019가단106124
물품대금
Text

1. The Defendants jointly share KRW 36,485,00 with respect to the Plaintiff and 6% per annum from November 21, 2016 to April 15, 2019.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim, the Plaintiff entered into a contract with Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to supply scrap and furniture equivalent to KRW 59,166,80 on May 19, 2016 and supplied the said goods. The Defendant Co., Ltd. failed to pay KRW 36,485,000 out of the price of the said goods; Defendant F, a substantial representative of the Defendant Co., Ltd., paid the Plaintiff the price of the said goods unpaid on October 30, 2016, but failed to pay the unpaid goods to the Plaintiff by November 20, 2016.

According to the above facts of recognition, the defendants are jointly obligated to pay to the plaintiff 36,485,00 won (the defendant company's price for the goods, the contract amount) and 12% interest per annum under the Commercial Act from November 21, 2016 to April 15, 2019, which is the last delivery date of the complaint.

2. Defendant F’s assertion is alleged to the effect that Defendant F cannot respond to the Plaintiff’s claim due to the defect in the goods supplied by the Plaintiff. However, Defendant F’s assertion is insufficient to acknowledge the above assertion by itself, and there is no other evidence to acknowledge it. Therefore, Defendant F’s assertion cannot be accepted.

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