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(영문) 광주지방법원순천지원 2016.12.15 2016가단4444
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 26,713,00 and interest rate of KRW 15% per annum from February 19, 2016 to the day of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in each of the statements in Gap evidence 1-1, 2, and 3 as to the cause of the claim, the plaintiff supplied the steel structure to "C" with the defendant's domicile in the north-gu Office of Port and Port B from September 30, 2013 to December 23, 2013, and the fact that the price for supply that the defendant has not paid to the plaintiff is 26,713,000.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of 26,713,00 won payable to the plaintiff and delay damages calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 19, 2016 to the date of full payment, as the plaintiff seeks.

2. As to the judgment of the defendant's assertion, since the defendant only lent the name of the business operator to the same student D, the defendant asserts that he does not have an obligation to pay the price for supply to the plaintiff. Thus, even if the defendant's assertion is true, the defendant is jointly and severally liable with D pursuant to Article 24 of the Commercial Act as long as the business was permitted by using his own name. Thus, the defendant's argument is without merit.

3. Conclusion, the plaintiff's claim of this case is justified.

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