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The defendant shall pay 210,00,000 won to the plaintiff and 12% per annum from November 29, 2019 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures and sells the clothing, etc., and the Defendant and C are the father-child relationship, and the Defendant and C are those who operate the clothing wholesale and retail business by making each business registration under the trade name of “E”.
B. On March 15, 2017, C entered into a contract with the Plaintiff on the purchase of clothing equivalent to KRW 1,113,269,789 from F Co., Ltd., a foreign corporation, and to pay the Plaintiff the price of the goods. From December 8, 2017, C paid KRW 358,864,00 as part of the price of the goods to the Plaintiff until December 8, 2017. (2) On April 2018, C filed a lawsuit with the Seoul Northern District Court 2018Gahap22347 against C, and on July 24, 2019, C received a final judgment with the purport that “C shall pay the Plaintiff the amount of the remaining goods calculated at the rate of 25% per annum from July 1, 2017 to the date of full payment,” and the said judgment became final and conclusive as it is.
(hereinafter referred to as the “instant final and conclusive judgment”) the Plaintiff’s claim against C according to the final and conclusive judgment.
C’s claim for the price of goods against the Defendant was provided with clothing equivalent to KRW 980,210,000 in total from March 28, 2017 to December 28, 2017. The Defendant remitted part of the price of goods to C totaling KRW 196,60,000 from September 5, 2017.
[Attachment C’s remaining amount of KRW 783,610,00 (=980,210,000- - KRW 196,600,000) out of the claims against the Defendant arising from the above goods transaction is referred to as “the instant goods payment claim”).
C’s property condition C discontinues E on or around October 2018, no property tax was imposed in the taxable year in 2019, and in relation to E, the deposit amount remaining in the C’s account registered in the tax office is 377 won as of October 30, 2019.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 3, and 7, and the governmental market of this Court;