(영문) 수원지방법원 2015.12.11 2014가단529682

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(영문) 수원지방법원 2015.12.11 2014가단529682

물품대금

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1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from May 9, 2015 to the date of complete payment.

Reasons

1. A Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) supplied the Defendant with a total amount of KRW 1,342,977,779 won from September 28, 2013 to December 31, 2012 of the same year. The Defendant, on February 7, 2014, paid a total of KRW 1,257,977,79 for the remainder of the goods remaining after repayment of KRW 1,257,97,779, is not a dispute between the parties. The Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), on May 28, 2014, the rehabilitation procedure was commenced with the Seoul Central District Court No. 2014,103, and the fact that the representative director was deemed a manager at the time of commencement of the rehabilitation procedure, etc. can be acknowledged by comprehensively taking into account

Therefore, the Defendant is obligated to pay to the Plaintiff the KRW 100 million that the Plaintiff seeks to claim part of the above price of the goods and the damages for delay calculated by the rate of 15% per annum from May 9, 2015 to the day of full payment, which is the day following the day when a duplicate of the instant complaint was served on the Defendant.

2. As to the defendant's defense, the defendant acquired KRW 1,257,977,779 from among the claims to return short-term loans (out of deposit) that the former representative director C invested in the non-party company on April 30, 2014, and C notified the non-party company of the transfer of the above claim at that time. The defendant's claim against the non-party company against the non-party company is set off to the extent that the plaintiff's claim against the non-party company is equal.

First of all, as to whether the former representative C of the non-party company had a claim for the return of short-term loans equivalent to KRW 1,257,977,79 against the non-party company, the above defense by the defendant is without merit, as there is no other evidence to acknowledge it.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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