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1. Defendant B shall pay to the Plaintiff KRW 37,409,850 and the interest rate of KRW 15% per annum from July 13, 2016 to the date of full payment.
Reasons
1. The Plaintiff’s assertion supplied the amount equivalent to KRW 37,409,850 during the calendar period from March 2013 to April 2013 at the Defendant A’s request, a representative in the name of C, the Plaintiff’s claim. Defendant B, the real representative of C, supplied the said goods to the Jinjin Trade Co., Ltd., and did not pay the said goods to the Plaintiff even if the price was paid. As such, the Defendants are jointly and severally liable to pay the said goods amount to the Plaintiff and delay damages therefrom.
2. Determination:
A. Comprehensively taking account of the overall purport of the pleadings in the parts related to the claim against Defendant B, Gap evidence 2, Eul evidence 4-2, and Eul evidence 4-3, the Plaintiff is recognized to have sold the total amount of KRW 37,409,850 over five occasions to Defendant B, a de facto distributor of fishery products, for five occasions from March 30, 2013 to April 22, 2013.
Thus, Defendant B is obligated to pay the above unpaid goods to the Plaintiff. Thus, the Plaintiff’s assertion as to Defendant B is with merit.
B. According to the evidence in the part on the claim against Defendant A, although Defendant A was registered as the representative of Defendant C, it is recognized that Defendant A was merely an employee of Defendant B. Thus, even if Defendant A directly ordered the Plaintiff to supply the U.S. to the Plaintiff for the Jin-Pacific Trade, such circumstance alone is insufficient to regard Defendant A as the counter-party to the above U.S. supply contract, and there is no other evidence to acknowledge this.
Therefore, the Plaintiff’s assertion against Defendant A is difficult to accept.
C. In full view of the evidence mentioned above as to the claim against the Defendant Jinjin Trade Co., Ltd., and the written evidence Nos. 1 through 5, and No. 2 as to the whole, Defendant B entered into a supply contract with the Plaintiff in order to implement the reverse supply contract concluded with the Defendant Jinjin Trade Co., Ltd.