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1. The Defendant’s KRW 26,641,80 for the Plaintiff and KRW 20% per annum from August 8, 2015 to September 30, 2015.
Reasons
1. Basic facts - The plaintiff is a person running wheat retail business, etc. with the trade name of "C", and D and E are those engaged in the sea-water manufacturing business with the trade name of "F", and at present, the defendant, who is D and E, operates F.
However, the F's business registration was made in the name of the defendant from the beginning.
- The Plaintiff supplied wheat to F from June 2010 to June 30, 2015 in accordance with D and E’s order. The remainder amount is KRW 26,641,800.
[Ground of recognition] Facts without dispute, evidence A1 through 4 (including paper numbers), the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts, the defendant, who is a business operator registered in F, does not explicitly mention the "Article 24 of the Commercial Act" in accordance with Article 24 of the Commercial Act. However, the defendant's assertion that "the defendant shall be liable because he/she has registered his/her business in the name of the defendant" can be deemed as claiming the responsibility of the business operator registered in F.
The Plaintiff is obligated to pay 26,641,800 won to the Plaintiff and damages for delay at the rate of 20% per annum from August 8, 2015 to September 30, 2015, which is the day following the day on which the original copy of the instant payment order was served to the Defendant, as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and 15% per annum from the following day to the day of full payment.
Furthermore, the Plaintiff claimed 20% of the annual interest rate for the period from October 1, 2015 to the date of full payment. However, according to the amendment of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the Plaintiff’s assertion on this portion is rejected, since the statutory interest rate from October 1, 2015 is 15% per annum.
B. The defendant asserts to the effect that "the proceeds of the plaintiff's assertion are the proceeds of the goods supplied to D, and thus the defendant has no obligation to pay," but the defendant's above acknowledged.