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(영문) 청주지방법원 2015.12.03 2014가합28326
물품대금
Text

1. Defendant E Co., Ltd.: 12,780,00 won to Plaintiff A; 40,35,039 won to Plaintiff B; 15,380,450 won to Plaintiff C; and the Plaintiff.

Reasons

1. Determination on the claim against Defendant E Co., Ltd. (hereinafter “Defendant E Co., Ltd”).

A. The facts of recognition: (a) Plaintiff A, who operates G, supplied 12,780,00 won or more from March 2010 to January 2014 to Defendant E Co., Ltd. (hereinafter “Defendant Co., Ltd”); (b) Plaintiff B, who operated H, supplied the Defendant Co., Ltd with the 40,35,039 won or more from September 2012 to February 2014; (c) Plaintiff C, who operated I, supplied the Defendant Co., Ltd with the 15,380,450 won or more from around 00 to April 2014; and (d) Plaintiff D Co., Ltd, who operated J, supplied the Defendant Co., Ltd with the 140,000 won or more from around 14, 201, to around 5, 2014; and (e) Plaintiff D, who was paid 136,306,306,294,206,294,700.

B. According to the above facts of determination, the Defendant Company: (a) KRW 12,780,00 for materials transport and removal work; (b) KRW 40,355,039 for goods to Plaintiff B; and (c) KRW 15,380,450 for goods; (b) KRW 9,623,400 for goods to Plaintiff D; and (c) KRW 9,745,00 for unpaid transport Co., Ltd.; and (d) each of them, as the Plaintiffs seek, from November 11, 2014 to May 19, 2015; and (b) KRW 5% per annum as prescribed by the Civil Act until May 21, 2015, the delivery date of a copy of the application for change of claim and cause of claim as of May 21, 2015; and (c) the same year from May 22 through the same year.

9. The main text of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, the former Enforcement Decree of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) provides that 20% per annum, and the following day shall be from the next day to the day of full payment.

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