(영문) 서울동부지방법원 2014.04.24 2013가단50917

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(영문) 서울동부지방법원 2014.04.24 2013가단50917

물품대금

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1. The Defendants are jointly and severally and severally liable to the Plaintiff 46,612,725 won and 6% per annum from October 31, 2013 to April 24, 2014.

Reasons

1. Examining the overall purport of the pleadings in each statement of Gap evidence Nos. 1 through 6 (including paper numbers; hereinafter the same shall apply) as to the cause of the claim, the plaintiff, who conducts the clothing manufacturing business, manufactured and supplied the World Cup in the aggregate amounting to KRW 63,612,725 in the name of "D (D; hereinafter the same shall apply)" on two occasions on July 2012 and August 2012, as the name of "D (D; hereinafter the same shall apply)"; and ② on July 25, 2012, the defendant Eul, under the name of the non-party E (the defendant Eul's wife and the defendant C's mother, and the name of the business operator of the defendant Eul operated by the defendant Eul as of July 27, 2012, the plaintiff, who borrowed the clothing manufacturing business, could not recognize the fact that the plaintiff transferred KRW 10 million to the defendant Eul under the name of the parties to the lawsuit.

In addition, the Plaintiff stated to the effect that the Defendants set off a claim against Defendant B with the above claim amount within the limit of equal amount, while the Plaintiff was a person who bears the obligation to pay 2 million won as to Defendant B.

(B) On December 1, 2013, the Defendants are jointly and severally liable to pay to the Plaintiff the instant goods amounting to KRW 46,612,715 (=68,612,725), - 15,000 ( KRW 10,000,000 - KRW 5,000,000), - KRW 2,00,000,000,000, and hereinafter referred to as “the instant goods payment obligation”).

There is an obligation to pay any and any damages for delay.

However, the Plaintiff claimed the initial date of the damages for delay as “ September 1, 2012.” However, there is no assertion or proof as to the date of payment of the goods payment. As such, the Plaintiff’s claim on the premise that there was an agreement to determine the date of payment on August 31, 2012, which is the end of the month following the delivery date of the goods, is without merit.

Ultimately, the defendant is against the plaintiff 46,612,715 won for the goods of this case.

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