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(영문) 창원지방법원 2016.05.12 2015가합2812
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 170,797,477 and the interest rate of KRW 15% per annum from October 27, 2015 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 and 2 as to the cause of the claim, the plaintiff agreed to pay to the defendant (the nominal owner in B’s business registration is E, but the defendant is the actual operator) and non-party C (trade name: D’s trade name was made by introduction of the defendant) a total of KRW 220,106,094 for the plaintiff on July 30, 2015 (=20,503,294 for the purchase price of the goods against the defendant (= KRW 14,602,80 for the purchase price of goods against the defendant).

According to the above facts, the defendant is obligated to pay to the plaintiff 170,797,477 won for the remainder of the goods excluding the amount that the plaintiff was paid from the above price for the goods and delay damages at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 27, 2015 to the day after the delivery of the copy of the complaint of this case.

(2) The court below held that the plaintiff's claim of this case in this case is unfair, but the plaintiff's claim of this case in this case is justified, since the plaintiff was supplied with defective goods from the plaintiff and delivered them to the defendant's customer, and there was a lack of legal dispute as to the price of goods, and the plaintiff did not receive the price of goods from the company introduced by the defendant and paid it on behalf of the defendant, and the plaintiff was forced to pay it on behalf of the defendant. The plaintiff's claim of this case in this case is not justified, and the defendant's claim of this case is not justified.

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