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(영문) 서울중앙지방법원 2017.05.11 2016가단150594
물품대금
Text

1. Defendant A Co., Ltd.: 28,847,082 won to the Plaintiff and 6% per annum from January 6, 2015 to January 2, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff engaged in the sales business of paints and industrial expending materials was supplied to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with paints, etc. on March 31, 2014. The outstanding amount as of March 31, 2014 is KRW 28,847,082.

B. Accordingly, Defendant B, the representative director of the Defendant Company, indicated that he would pay the above outstanding amount in full by January 5, 2015, and written “AB” and written a confirmation document stating the address on the register of the Defendant Company and issued it to the Plaintiff.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the facts of the determination as to the claim against the defendant company, the defendant company is obligated to pay to the plaintiff the above outstanding amount of KRW 28,847,082 and the damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from January 6, 2015 to January 2, 2017, the delivery date of a copy of the complaint of this case from January 6, 2015 to January 2, 2017, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment. Thus,

3. The plaintiff filed a claim against the defendant B for the payment of the amount stated in the claim with the defendant company jointly, and the defendant B, the representative director of the defendant company, agreed on the payment of the amount receivable of the defendant company in his individual qualification, but the defendant B, as seen earlier, stated the amount in addition to the defendant company's address in addition to the defendant company's address. In light of the above, the defendant B, not the individual B, but the representative director of the defendant company, was prepared with the defendant company's representative director, and there is no evidence to prove that the defendant B agreed on the payment of the amount receivable of the defendant company in his individual qualification. Thus, the plaintiff's claim against the defendant B is without merit.

4. According to the conclusion, the plaintiff's company is against the defendant company.

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