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(영문) 춘천지방법원속초지원 2017.11.14 2017가단1396
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 36,829,862 and the interest rate of KRW 15% per annum from May 30, 2017 to the date of complete payment.

Reasons

The following facts are acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 through 3 (including paper numbers, hereinafter the same shall apply).

① The Plaintiff is a person engaged in the wholesale and retail business of fishery products under the trade name of “C,” and the Defendant is a person engaged in the wholesale and retail business of fishery products under the trade name of “D.”

② The Plaintiff supplied the Defendant with fishery products, such as defense, from April 2014 to April 26, 2017. The amount of the goods unpaid by the Defendant reaches KRW 36,829,862.

According to the above facts, the defendant is obligated to pay to the plaintiff 36,829,862 won and to pay damages for delay calculated at the rate of 15% per annum from May 30, 2017 to the day of full payment, which is the day following the delivery date of the original copy of the instant payment order.

In regard to this, the Defendant asserted that only the name of business registration is the Defendant and the parties who traded the Plaintiff and fishery products are the Defendant’s husband E, and that the Defendant does not have the obligation to pay the goods price. However, there is no circumstance to deem that the Defendant is a mere nominal lender as alleged above, and even if the Defendant is a mere nominal lender, the Plaintiff was aware of the above fact

Since there is no evidence to prove that there was gross negligence on the part of the defendant, the above argument by the defendant cannot be accepted.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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