Text
1. Defendant C’s KRW 98,916,194 as well as 15% per annum from May 26, 2019 to May 31, 2019.
Reasons
1. Determination as to the claim against Defendant C
(a)as shown in the reasons for the attachment of the claim;
(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);
C. According to the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019), the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is 12% per annum from June 1, 2019. Thus, the part of the claim for damages for delay seeking payment in excess of 12% per annum from June 1, 2019 is rejected.
2. As to the claim against Defendant D, the Plaintiff asserted that even though he supplied food materials and other goods to Defendant D, the Plaintiff did not receive KRW 98,916,194 of the price of supply.
However, even based on all evidence submitted by the Plaintiff, it is insufficient to recognize that the Plaintiff supplied the goods, such as food materials, to Defendant D Co., Ltd. as alleged by the Plaintiff, and the remaining amount of the supplied goods not paid is KRW 98,916,194, and there is no other evidence to acknowledge it.
The plaintiff's assertion is without merit.
3. In conclusion, the plaintiff's claim against the defendant C is justified within the scope of the above recognition, and the remaining claim against the defendant C and the claim against the defendant D against the defendant corporation are dismissed as it is without merit. It is so decided as per Disposition.