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(영문) 서울북부지방법원 2019.01.31 2018가단131220
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 68,079,083 and the interest rate of KRW 15% per annum from July 6, 2018 to the day of complete payment.

Reasons

1. The Plaintiff rendered a judgment on the cause of the claim: (a) supplied livestock products, such as murder, to the Defendant operating C (Asan Points); and (b) the fact that the amount of the goods the Defendant failed to pay by January 31, 2018 was 68,079,083 is no dispute between the parties.

Therefore, the defendant is obligated to pay to the plaintiff 68,079,083 won with compensation for delay calculated at the rate of 15% per annum from July 6, 2018 to the day of full payment, which is clear that the delivery day of a copy of the complaint of this case is the day following the delivery day of the copy of the complaint of this case.

2. The defendant's argument regarding the defendant's assertion that since the defendant entered into a partnership business agreement with the plaintiff and jointly operated a restaurant, it is not sufficient to recognize that the plaintiff entered into a partnership business agreement with the defendant as to the portion equivalent to the defendant's share ratio (60%) out of the unpaid goods price. However, there is no other evidence to acknowledge that the plaintiff entered into a partnership business agreement with the defendant. Even if the plaintiff entered into a partnership business agreement with the defendant as argued by the defendant, if two or more persons mutually invest in the partnership business and jointly run the specific business as a contract, it constitutes a partnership business agreement under the Civil Act, and unless there are special circumstances as a partner's obligation, the partnership creditor is entitled to claim repayment at the share ratio or uniform rate against each member, and if the partnership debt is borne by all members through commercial activities for all members, it is reasonable to apply Article 57 (1) of the Commercial Act to determine the joint and several liability of the union members (see, e.g., Supreme Court Decision 97Da6199, Mar. 13, 1998).

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