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(영문) 창원지방법원 2015.05.14 2015가단925
매매대금
Text

1. The Defendant shall pay to the Plaintiff KRW 44,605,701 and the interest rate of KRW 20% per annum from February 17, 2015 to the day of complete payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Evidence A Nos. 1 and 2, the Plaintiff supplied meat to the Defendant who operates a restaurant with the trade name “B,” and the amount of which was not paid by the Defendant out of the price of the goods supplied until June 30, 2014 reaches KRW 54,605,701, and the fact that the Defendant additionally paid KRW 10 million to the Plaintiff on August 29, 2014 may be acknowledged.

Therefore, the defendant is obligated to pay to the plaintiff the balance of the goods price of KRW 44,605,701.

In regard to this, the defendant asserts that he/she is not responsible for the defendant because he/she has transacted with the plaintiff in his/her name. However, the defendant is the defendant's person who has permitted C to register the business of "B" in his/her name, and according to the above evidence, the plaintiff can conclude a goods supply contract with the business operator of "B" as the other party to the transaction and recognize the fact that he/she supplied the meat as above, so the defendant is liable to pay the price for the goods to

Therefore, the defendant's above assertion is without merit.

Thus, the defendant is obligated to pay to the plaintiff the amount of 44,605,701 won payable to the plaintiff and damages for delay calculated at the rate of 20% per annum from February 17, 2015 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case. The plaintiff's claim for this payment is justified.

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