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(영문) 춘천지방법원강릉지원 2015.04.29 2014가단6752
유류대금 등
Text

1. (1) Defendant Howon Telecom Co., Ltd. (1) gold 25,844,863 won, and (2) Defendant Homan Telecom Co., Ltd. is gold.

Reasons

1. The Plaintiff’s claim against Defendant Howon Telecom Co., Ltd. (hereinafter “Defendant Howon Telecom”), and Defendant Koho Telecom Co., Ltd. (hereinafter “Defendant Koho Telecom”).

A. As to the Plaintiff’s assertion as follows, it is difficult to view that the Plaintiff led to confession pursuant to Article 150(3) and (1) of the Civil Procedure Act, since the date notice was served by public notice on the date of pleading but is not served by public notice on the date of pleading.

(1) From November 19, 2012, the Plaintiff supplied oil on credit to Defendant Howon Telecom and Defendant Koho Telecom, but did not receive the oil price of KRW 25,84,863 from Defendant Howon Telecom, and the oil price of KRW 33,036,155 from Defendant Koho Telecom.

(2) On November 19, 2012, the Plaintiff filed a claim against the said Defendants for the payment of each of the aforementioned oil payments.

B. According to the above facts, the Plaintiff is obligated to pay to the Plaintiff (1) the oil price of KRW 25,844,863, and (2) the Defendant Chemical Telecom amounting to KRW 33,036,155, and damages for delay calculated from September 17, 2014, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff after the due date for payment.

C. Therefore, the Plaintiff’s claim for the Defendant Howon Telecom and the Defendant Young Telecom is with merit.

2. The plaintiff's claim against defendant Youngdong-cocon

A. On October 22, 2012, both asserted that the Plaintiff’s assertion that the oil price supplied to Defendant Youngdong Co., Ltd. reaches KRW 16,462,00, and sought the payment thereof, the Defendant Youngdong Co., Ltd. paid the said oil price in full to B, who was in charge of the Plaintiff’s capital and operation on October 22, 2012, and the Plaintiff Company’s claim for the instant oil price was extinguished by repayment.

(2) Around July 10, 2012, the Plaintiff Company at the time of the Plaintiff Company.

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