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Reasons
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(영문) 부산지방법원 2015.06.03 2014가합7912
물품대금
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1. Defendant C shall pay to the Plaintiff KRW 164,766,560 as well as 20% per annum from October 15, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is engaged in the manufacture and wholesale of metal plates, such as the spons and steel bars, and Defendant B is a representative in the business registration of the sponsing and retail company from February 10, 2012 to D, and Defendant C is the father of Defendant B as the actual operator of the above D.

B. From around 2004, Defendant C had been supplied with the contact bar from the Plaintiff. In the first time, Defendant C had registered the name of “F” in the name of “F” in the name of Defendant B’s wife in around 2010. After changing the trade name to “G” one time, Defendant C registered the trade name as the name of “D” in December 10, 2012.

C. The amount of goods supplied by Defendant C to the Plaintiff from January 3, 2013 to April 30, 2012 is KRW 193,522,860, and the amount of goods supplied to the Plaintiff on credit from January 1, 2013 to March 14, 2014 is KRW 61,607,70. The amount of goods paid to the Plaintiff from January 3, 2013 to April 30, 2014 is KRW 90,364,00.

[Reasons for Recognition] Defendant B: A without dispute, entry of evidence Nos. 1 through 4-26, Defendant C with the purport of the whole pleadings: A confession in court

2. According to the facts found in the above basic facts regarding the claim against Defendant C, Defendant C is obligated to pay to the Plaintiff the amount of KRW 164,766,560 (193,522,860 won for the unpaid goods from January 31, 2013 to March 14, 2014 - KRW 61,607,70 for the goods supplied on credit from the Plaintiff from January 3, 2013 to April 30, 2014 - the amount of goods paid to the Plaintiff from January 3, 2013 to April 30, 2014) and damages for delay calculated at the annual rate of 20% as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 15, 2014 to the date following the delivery of a copy of the complaint of this case.

3. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion by the parties is the Defendant B.

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