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(영문) 대구지방법원 2018.04.12 2017나3770
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The Plaintiff’s determination as to the cause of the claim is a corporation engaged in wholesale of agricultural products, such as vegetables, etc., in 18,274,105 won (i.e., KRW 17,774,105) among March 22, 2016 through June 16, 2016, and received KRW 12,070,80 out of the price of the above goods from the Defendant by providing 12,070,80 from the Defendant with 12,070,000 among the price of the above goods, based on the respective entries and arguments in subparagraphs 1 through 3.

According to the above facts, the Defendant is obligated to pay the Plaintiff the amount of KRW 6,203,305 (i.e., KRW 18,274,105 - KRW 12,070,80) and damages for delay calculated at the rate of 6,203,30 per annum prescribed by the Commercial Act from June 17, 2016 to December 16, 2016, which is clearly indicated in the record that the delivery date of the copy of the instant complaint is the delivery date of the instant complaint, and the damages for delay calculated at the rate of 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

2. The defendant's argument regarding the defendant is alleged to be without being supplied with goods by entering into a goods contract with the plaintiff, and Eul only used the defendant's name while entering into a goods contract with the plaintiff. However, according to the evidence above, the plaintiff can be found to have supplied the above goods to the defendant. The above facts are insufficient to reverse the above recognition, and there is no counter-proof.

Therefore, the defendant's above assertion is without merit.

3. If so, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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