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(영문) 부산지방법원 2015.05.12 2014가단75789
물품대금등반환
Text

1. Defendant B’s KRW 44,979,00 for the Plaintiff and KRW 6% per annum from January 22, 2014 to May 12, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff runs a wholesale and retail business with the trade name of “D”, and Defendant B runs the construction business.

B. Around early 2011, the Plaintiff supplied goods, such as others, at the construction site of Ulsan-gun E, Ulsan-gun, which Defendant B performed (hereinafter “the first price for the goods”), and the first price for the goods, upon receiving an order for payment from Defendant B under the Busan District Court 201j23370, Dec. 14, 201, the Plaintiff received an order for payment stating that “Defendant B shall pay to the Plaintiff KRW 43,831,100 and delay damages therefor,” and the said order for payment was finalized on February 16, 2012. (c) From May 25, 2013 to January 21, 2014, the Plaintiff supplied the goods equivalent to KRW 44,979,00,00 (hereinafter “the goods”) at the construction site of another building (hereinafter “the instant loan”).

Defendant C is the owner of the instant loan.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 11 (including each number), the plaintiff's examination result, the purport of the whole pleadings

2. According to the facts of the above recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the amount of KRW 44,979,00 for the second goods and the amount of damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from January 22, 2014, which is the day following the last day of the second goods supply, until May 12, 2015, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. Determination as to the claim against Defendant C

A. As to the primary claim, the Plaintiff is the owner of the loan of this case under the name of the owner of the loan of this case under Defendant C, but the actual owner is the Defendant B.

① The Defendants, as security for the first and second goods payment obligation, prepared a sales contract form on the loan of this case Nos. 901, 1001, and 1002 in the names of the Defendants and delivered it to the Plaintiff.

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