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(영문) 인천지방법원부천지원 2019.04.24 2018가단116004
물품대금
Text

1. The Defendant’s KRW 93,583,949 for the Plaintiff and KRW 6% per annum from August 17, 2018 to December 19, 2018.

Reasons

The Plaintiff, who runs a wholesale business of construction materials, supplied bathing materials, etc. to the Defendant from January 1, 2018 to August 16, 2018. The fact that the Plaintiff did not receive KRW 93,583,949, out of the price of goods, can be recognized by comprehensively taking into account the respective descriptions of evidence Nos. 1, 2, and 3 and the overall purport of pleadings. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from August 17, 2018 to December 19, 2018, the record that the delivery date of the copy of the complaint in this case is apparent.

As to this, the defendant only lent the name to the non-party D, and the non-party D was supplied with the above goods from the plaintiff. Since the plaintiff was aware of the above fact of the name lending, it is insufficient to recognize that the plaintiff could not respond to the plaintiff's request, or that the evidence of the defendant's submission alone was gross negligence because the plaintiff knew or was not aware of the name lending, and there is no other evidence to recognize it. Thus, the defendant'

If so, the plaintiff's claim shall be accepted for the reasons of the judgment as per Disposition.

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