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(영문) 서울남부지방법원 2015.01.29 2014가합1486
물품대금
Text

1. Defendant A shall pay to the Plaintiff KRW 153,554,797 as well as 20% per annum from February 12, 2014 to the date of full payment.

Reasons

1. Determination as to the claim against Defendant A

A. 1) The Plaintiff, who runs the wholesale and retail business of the printing board, supplied the printing board, etc. to the Defendant A who runs the book publishing business in the name of “C” from around 2010 to September 2013. The Defendant A did not pay the Plaintiff KRW 153,554,797 out of the price of the goods. Accordingly, the Defendant A is liable to pay the Plaintiff the amount of KRW 153,554,797, and the damages for delay calculated at the rate of 20% per annum from February 12, 2014 to the day of full payment, which is the day following the delivery of the copy of the instant complaint.

(b) Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts;

2. Determination as to the claim against Defendant B

A. Basic facts 1) The Plaintiff, who runs the wholesale and retail business of the Plaintiff’s claim printing board against Defendant A, supplied a printing board, etc. to Defendant A, a book publishing business in the name of “C” from around 2010 to September 2013. Defendant A did not pay KRW 153,554,797 out of the price of the goods (hereinafter “the price of the goods”).

(2) On May 18, 201, D, the spouse of Defendant A, established the Geumcheon-gu Seoul Metropolitan Government E-building No. 2 and 802 (Seoul Geumcheon-gu E-dong No. 2 and 802) as the representative director and appointed Defendant B (hereinafter “Defendant”) as the book publishing business on November 13, 2013.

[Reasons for Recognition] Uncontentious Facts, Gap 1 to 3 evidence, Eul 9 evidence (including partial number), the purport of the whole pleadings

B. 1) Determination on the cause of claim 1) Determination on the assertion that the business takeover is a business takeover should be made by the Plaintiff’s Defendant Company A.

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