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(영문) 서울서부지방법원 2016.09.27 2015가단37491
물품대금일부
Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from February 2, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who imports and sells the clothing, and the Defendant is a person who operates clothes wholesale and retail business under the trade name of “D” as the same business with C.

B. The Plaintiff continues to provide clothing from around 2013 to July 6, 2014 to “D” and received a partial payment, and remains 337,593,000 won for attempted money as of May 26, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, and 9 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 100,000,000 as part of the remainder of the goods, and 15% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery of the copy of the complaint in this case from February 2, 2016 to the day of complete payment.

B. The Defendant alleged that wholesale sales between C and C are in charge of wholesale sales, but this is merely a nominal club business, and the Defendant was not involved in the transaction between C and the Plaintiff, not aware of the transaction details, and that e-mail, etc. was simply delivered to the Plaintiff upon C’s request. However, it is insufficient to accept such assertion even according to all evidence submitted by the Defendant.

The defendant's above assertion is not accepted.

3. The plaintiff's claim for the conclusion is justified and acceptable.

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