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(영문) 서울동부지방법원 2020.04.21 2019가단8901
물품대금
Text

1. Defendant B limited liability company: (a) KRW 48,285,550 on the Plaintiff and 15% per annum from April 29, 2019 to May 31, 2019.

Reasons

1. Basic facts

A. From January 2017 to November 201, 2017, the Plaintiff sold agricultural products to Defendant limited liability companies, such as Matri, and was not paid for the amount of KRW 77,285,550 until the time.

B. Around November 2017, Defendant C entered his/her name, resident number, and address in the Plaintiff’s transaction account book as to the amount receivable of Defendant C limited liability company KRW 77,285,550.

C. Since March 2018 to February 2019, the Plaintiff was additionally paid KRW 25,000,000 of the above outstanding amounts, and the current outstanding amounts are KRW 48,285,550,000 upon receiving reimbursement of KRW 4,00,000 around April 2019.

On the other hand, the actual business owner of the defendant limited liability company B was D, the husband of the defendant limited liability company, but D was the representative director of D in November 2017 due to cerebral blood, etc., and the defendant C was the representative director around December 2018.

[Reasons for Recognition] The written evidence Nos. 1, 2, and 7 and the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against Defendant Limited Company B, Defendant Limited Company B is obligated to pay to the Plaintiff 48,285,550 won and damages for delay calculated at the rate of 15% per annum from April 29, 2019 to May 31, 2019, which is the day following the service of the original copy of the instant payment order, and from the next day to the day of full payment.

(3) The plaintiff asserted that the non-paid amount was KRW 48,286,500 on the third day for pleading, but according to Gap evidence No. 2 and the written application for amendment of the purport of the claim on January 8, 2020, the plaintiff's assertion that the non-paid amount was KRW 48,285,550 on the third day for pleading, and the plaintiff's assertion in excess is without merit).

The existence of an intention of guarantee shall be traded by the parties.

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