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(영문) 부산지방법원 2018.07.26 2017가단20636
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,528,140 and the interest rate of KRW 15% per annum from September 11, 2017 to the date of full payment.

Reasons

The following facts may be acknowledged in light of the purport of the whole pleadings in each entry of evidence Nos. 1 and 2-1, 2, 3-1 through 5, 4, 5, 6, 7-1 through 17, 8-1 through 24, 9-1, 2, 11, and 12-1, 3-1 through 5, 4, 5, 6, 7-1 through 17, 8-1 through 8, 9-1, 9-1, 1

① After registering a business in the name of “D”, the Defendant was operating the manufacturer in the name of “D” and closed the manufacturer’s business around August 201. On September 201, 201, the Defendant operated the manufacturer’s business in the trade name of “D” after registering a business in the name of “D” and closed the business around December 2014, and around January 2015, the Defendant operated the manufacturer’s business in the name of “F” after registering a business in the name of “E.”

② Since July 2010, G operated a manufacturing company with the trade name “H”, G began transactions with the Defendant and supplied industrial pens.

③ On December 30, 2013, G, together with I, established the Plaintiff and converted the Plaintiff into a legal entity, and transferred to the Plaintiff all the assets and liabilities of the company related to “H”, including the company’s assets and liabilities. From around that time to November 2015, the Plaintiff supplied the industrial pen to the Defendant.

④ The amount of goods that the Plaintiff did not receive to the Defendant is KRW 40,528,140 in total (i.e., KRW 36,541,740 in F related to KRW 3,986,40 in total).

According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 40,528,140 for the goods and delay damages calculated at the rate of 15% per annum from September 11, 2017 to the date of full payment, upon the Plaintiff’s request.

If so, the plaintiff's claim is justified and acceptable.

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