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1. The Defendant: KRW 68,832,90 for the Plaintiff and KRW 20% per annum from March 27, 2015 to September 30, 2015.
Reasons
1. Determination as to the cause of claim
A. The facts of recognition 1) The Plaintiff is a person who engages in wholesale and retail business of machinery parts with the trade name “C” at the place of delivery of the said Plaintiff. The Defendant is a person who engages in the manufacturing business of machinery with the trade name “D” at the place of delivery of the said Defendant. 2) The Plaintiff supplied the Defendant with machinery parts from October 15, 2010 to November 25, 2014, and was not paid a contract under which the Plaintiff supplied 68,832,900 won out of the price of the goods (hereinafter “the price of the instant goods”) and supplied the machinery parts.
[Reasons for Recognition] Facts without dispute, each entry of Gap 1 through 5 (including partial numbers) and the purport of the whole pleadings
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 68,832,90 for goods and the amount of delay damages calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from March 27, 2015 to September 30, 2015, the following day after the delivery of a copy of the complaint of this case, and the statutory interest rate from the next day to the date of full payment (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015) and Article 2(2) of the Addenda of the same Act, barring special circumstances.
2. Judgment on the defendant's assertion
A. The defendant asserts that the person who actually operated the above D is the husband E, and he is merely the one who lent his name, and the plaintiff is also aware of these circumstances, and the defendant is not a party to the goods supply contract of this case, but the corresponding document No. 6 is hard to believe, and there is no other evidence to recognize it. Thus, the defendant's above assertion is not accepted.
B. The Defendant asserting repayment shall issue each promissory note of KRW 10,00,000 at face value on February 28, 2012, and KRW 23,80,000 at face value on April 30, 2012 in lieu of the payment for the instant goods.