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(영문) 대구지방법원 2015.04.09 2013가합10387 (1)
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 239,971,698 and the interest rate of KRW 20% per annum from March 17, 2015 to the day of full payment.

Reasons

1. Basic facts

A. From around 2010, the Plaintiff supplied C (hereinafter “C”) with steel less than KRW 3 million monthly from around 2010.

The defendant has been engaged in the purchase of steel products from C from May 14, 2012 for the purpose of selling steel and steel market.

B. B mainly purchased steel from the New Steel Co., Ltd., and as the New Steel Co., Ltd. was unable to purchase steel due to the nonperformance of steel, B requested the Plaintiff to supply steel products with a much more quantity than that of ordinary steel.

However, in fact, even if the plaintiff was supplied with steel products, there was no intention or ability to pay the price in time.

At the request of B, from August 6, 2013 to September 14, 2013, the Plaintiff supplied C with steel products equivalent to KRW 443,861,698 (hereinafter “the steel products of this case”).

B sold the entire steel products of this case to the Defendant at a price lower than the purchase price, and the Plaintiff did not pay all the price to the Plaintiff.

B through the above method, the Plaintiff acquired the instant steel products and thereby inflicted damages on the Plaintiff amounting to KRW 443,861,698.

C. The Plaintiff filed a complaint against B and D’s representative D in collusion with B and D, etc., on September 12, 2014, the Plaintiff was subject to the disposition of non-prosecution (not guilty of the charge) on the same day, and B was convicted of the fraud that acquired the instant steel products at the Daegu District Court on February 12, 2015, and the judgment became final and conclusive.

After having filed a complaint with B, the Plaintiff collected KRW 2,90,000 through the credit card payment in B, KRW 1.6 million through the sale of the AD car in B, KRW 9,300,000 through the transfer of the credit to C, KRW 18,000,000 with the deposit in C, and KRW 203,890,000 with KRW 18,000,000 with the remaining damages.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 3, 5, 6, 8, 9 and Eul evidence Nos. 2, 3, 5, 13, 14.

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