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(영문) 의정부지방법원 2017.09.05 2016가단39125
물품대금
Text

1. Defendant B Co., Ltd.: (a) KRW 46,468,132 and its relation to the Plaintiff, from November 12, 2016 to January 2, 2017.

Reasons

1. Basic facts

A. The Plaintiff is manufacturing and selling the water shoot, etc. with the trade name “E” at the place of business located in Yangju-si.

B. Defendant B (hereinafter “Defendant Company”) is a company that manufactures and sells water issues, cosmetics, etc.

C. Defendant C holds shares of 100% as an internal director of the Defendant Company.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. According to the overall purport of Gap evidence Nos. 1 and 2 of the judgment as to the claim against the defendant company (including branch numbers; hereinafter the same shall apply) and the whole pleadings, the plaintiff supplied the defendant company with water price equivalent to KRW 115,693,907 from November 30, 2015 to November 11, 2016, and the defendant company paid KRW 6 million to the plaintiff on November 30, 2016, the defendant company did not pay the price for water price, and it is recognized that the price for water price remains in KRW 46,868,132.

According to the above facts of recognition, the defendant company is obligated to pay the plaintiff 46,868,132 won and damages for delay calculated at the rate of 6% per annum under the Commercial Act from November 12, 2016 to January 2, 2017, which is the day following the last delivery of a copy of the complaint to the defendant company, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. Determination as to the claim against Defendant C

A. The gist of the Plaintiff’s assertion was that Defendant C requested the Plaintiff to supply the physical matters through F, his father, and accordingly, the Plaintiff supplied the physical matters. As such, Defendant C is jointly and severally liable with the Defendant Company to pay the price for the goods specified in the Disposition No. 1.

(hereinafter referred to as “Chapter 1”). Defendant C, as a single shareholder, is written on September 14, 2015, written between the Plaintiff and the Plaintiff as the representative for the purchase, lease, and facility-based use contract, and on November 1, 2015, for the good processing agreement.

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