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(영문) 부산지방법원 2014.06.11 2013가단43228
물품대금
Text

1. From April 17, 2013, the Plaintiff’s lawsuit against Defendant A corporation KRW 11,419,88 and its related amount.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the sales business of steel bars and steel manufacturing business, and Defendant A Co., Ltd. (hereinafter “Defendant A”)’s trade name was changed from June 29, 201 to D Co., Ltd. to July 19, 201, and changed to the trade name as of July 19, 2011; hereinafter “Defendant A”) is a company engaged in an engineering work business, building work business, etc., and Defendant B is the representative director of Defendant A.

B. The Plaintiff supplied Defendant A with goods, such as steel products, equivalent to KRW 123,82,755 on October 11, 201, KRW 19,829,29, and KRW 293 on October 11, 2011, KRW 26,740,560 on October 19, 201, KRW 29,688,648 on February 29, 2012, KRW 21,857,462 on February 13, 2012, KRW 123,868,888, and steel products.

C. Defendant A paid the Plaintiff KRW 5,831,964 in total,00,00,00 on September 30, 201, and KRW 4,449,00 on January 12, 2012, and KRW 25,00,000 on February 1, 2012, and KRW 6,382,964 on May 21, 201.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 6, 8, 9 (including paper numbers; hereinafter the same shall apply), the whole purport of pleading

2. Determination as to the claim against Defendant A

A. We examine the legality of the Plaintiff’s lawsuit against Defendant A, ex officio, on the following grounds: “1,419,88 won and its related amount from April 17, 2013 to the date of amendment (extension) of the claim of this case and delivery of a copy of the supplementary statement of the cause of the claim; 6% per annum from the next day to the date of complete payment; and 20% per annum from the next day to the date of complete payment.”

The Plaintiff filed a claim against Defendant A for the payment order against the Plaintiff for the payment of KRW 14,419,888 out of the amount of the goods unpaid as Busan District Court Decision 2012 tea13786 and delayed payment damages therefor. Accordingly, the above court issued the payment order to the Plaintiff on July 27, 2012, stating that “The Defendant A shall pay the Plaintiff KRW 14,419,888 and its delayed payment damages.” The above payment order was issued on August 23, 2012 due to Defendant A’s receipt of the above payment order.

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