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(영문) 청주지방법원충주지원 2015.04.23 2014가단5244
건물등철거
Text

1. The Defendant’s KRW 29,09,239 as well as the Plaintiff’s KRW 6% per annum from September 15, 2013 to January 27, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that aims at food manufacturing business, franchise business, etc., and the Defendant is a person who runs a restaurant business in the name of “B”.

B. From July 28, 2013 to September 14, 2013, the Plaintiff supplied 14,379,239 raw materials for swine boomed.

C. On July 30, 2013, the Plaintiff paid KRW 1,020,00,000 for the banner installed by the Defendant, and KRW 13,70,000 for the signboard, etc. to Nonparty C, who is the installer of the signboard, instead of Nonparty C.

As of July 10, 2014, the Defendant closed the business of “B”.

[Reasons for Recognition] Judgment by Publication (Article 208(3)3, Articles 194 through 196 of the Civil Procedure Act)

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 29,09,239 won (=14,379,239 won 1,020,700 won) and damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from September 15, 2013 to January 27, 2015, which is the delivery date of the complaint of this case, and 20% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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