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(영문) 서울북부지방법원 2015.06.10 2014가합23861
자재대금청구
Text

1. The Defendant: 82,154,443 won to Plaintiff B and 6% per annum from August 2, 2014 to June 10, 2015; and the following:

Reasons

1. Facts of recognition;

A. Plaintiff A’s claim 1) Plaintiff A is Plaintiff D (hereinafter “D”).

(2) On December 8, 2012, the Plaintiff supplied D with a payment order of KRW 94 million, and the payment order was issued with respect to the payment of KRW 94 million at the rate of KRW 20% per annum from January 18, 2013 to the date of full payment (Seoul Central District Court 2012 tea91257), and the above payment order was finalized on February 1, 2013.2) The Plaintiff supplied D with the payment order of KRW 10,419,420 equivalent to KRW 10, KRW 420, KRW 37,420 equivalent to KRW 30, KRW 200, KRW 2037, KRW 209, KRW 20537, KRW 205, KRW 2037, KRW 205, KRW 2013.

3) From February 1, 2013 to January 10, 2014, D paid 43,657,000 won in total as indicated in the following table to the Plaintiff. The amount of the fake on the day (which was earlier 1.5,000,000,000 on May 13, 2013, 2013; 8.1,500,000,00 on February 8, 2013; 200,000,000,000,000,000,000,00 on June 3, 20, 200, 200, 12,537,537,580 on June 12, 2013; 1,003; 1,000,000,0000,0000, 130,3014;

B. Plaintiff B’s claim 1) TPEex Co., Ltd. (hereinafter “ TPEex”).

Around March 31, 2012, from around May 31, 2012 to around May 31, 2012, D supplied D with a 187,498,38,383 won of the price, and applied for a payment order against D around October 25, 2012, with a payment order of KRW 140 million and the amount calculated by the rate of 20% per annum from October 30, 2012 to the date of full payment (Cheongju District Court 2012 tea5914), and the above payment order was finalized on November 13, 2012, and held claims against C with the amount of KRW 47,49,38,383 out of the price.

2 EPex supplied the Defendant with a price equivalent to KRW 286,660,716 in connection with F construction from October 2013 to April 2014. However, as of June 20, 2014, EPex supplied the Defendant with a price equivalent to KRW 286,660,716.

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