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(영문) 대전지방법원천안지원 2015.05.13 2014가단20161
물품대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 26,493,100 and the Defendants from February 2, 2013 to February 2, 2015 (Defendant A).

Reasons

The Plaintiff was a juristic person for the purpose of production, processing, sale, etc. of eggs, and the Plaintiff supplied non-biotics, etc. equivalent to KRW 41,722,200 to C substantially operated by Defendant B from November 9, 2012 to December 8, 2012. However, the Plaintiff was paid only KRW 15,229,100 among them and did not receive the remainder of KRW 26,493,100 ( KRW 41,722,200-15,229,100), and the Defendant B did not pay the Plaintiff the unpaid amount of KRW 26,493,100 to the Plaintiff on January 30, 2013, and the Plaintiff agreed to pay interest for delay by 1% per month in addition to the unpaid amount, and the Plaintiff’s name was a representative under the name of the Defendant A through the entire name of the Plaintiff, and the Plaintiff was not entitled to dispute between the Plaintiff and the Plaintiff’s respective parties under the name of the Plaintiff C.

Thus, Defendant A is jointly and severally liable with Defendant B, who has permitted Defendant A to engage in the business using his name and who has transacted with Defendant A as a business owner.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 26,493,100 and the amount of delay damages calculated at each rate of KRW 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 2, 2013 to February 2, 2015 (Defendant A) or December 4, 2014 (Defendant B) from February 2, 2015, on which the copy of the instant complaint was served, and from the following day to the date of full payment.

The plaintiff's claim against the defendants shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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