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(영문) 서울동부지방법원 2017.01.20 2016가단125621
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 61,980,750 and the interest rate of KRW 15% per annum from June 24, 2016 to the day of complete payment.

Reasons

In full view of the respective descriptions and arguments described in Gap's 1, 2-1, 2-2, 3, 4-1-4-14, 5, 6-1-6-3, 7-1-7-3, 8, and 9 as to the cause of the claim, the defendant completed business registration concerning the meat business and the meat processing business with the trade name "D" on June 17, 2009, along with C, and the plaintiff supplied meat to the above D's workplace until March 23, 2016, but it is recognized that the plaintiff was not paid KRW 61,980,750 out of the above meat price.

According to the above facts, it is reasonable to deem that the defendant operates the meat and meat processing business of D with C, barring any special circumstance. Thus, pursuant to Article 57(1) of the Commercial Act, the defendant is obligated to pay to the plaintiff 61,980,750 won of the above meat price and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from June 24, 2016 to the date of full payment, pursuant to Article 57(1) of the Commercial Act.

On the part of the defendant's assertion, the defendant transferred the above-mentioned business to C's husband E in around 2009, but it was registered jointly with C in the business registration certificate under the transactional transaction. Thus, the plaintiff did not receive meat from the plaintiff.

According to the records of Gamba, 1 and 2, the defendant on April 2, 2009: (a) on the lease of KRW 62.9m2,00,000,000,000 for lease deposit, KRW 50,000,000 for monthly rent, and KRW 3 million; and (b) on the other hand, E paid part of the price for meat to the plaintiff; (c) according to the records of Gap 1, the plaintiff registered its business with the trade name of F of Gangseo-gu Seoul Metropolitan Government on October 1, 2003, as the meat and meat processing business.

B. Since it is recognized that C was added as a joint representative on June 17, 2009, according to the above facts of recognition, the defendant continued to operate D from 2003 and operated D with C (or E) from 2009.

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