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(영문) 수원지방법원 2017.05.31 2016가단36177
물품대금등
Text

1. The Defendant’s KRW 88,565,00 for the Plaintiff and KRW 6% per annum from July 13, 2013 to June 29, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is engaged in manufacturing industry machinery, etc. under the trade name of “D” in the Ssung City, and the Defendant is operating wholesale and manufacturing business, such as mination machine, after registering business with the trade name of “F” in Incheon E.

B. Upon receiving a request from the Defendant for the production of compressed machines and 150-maculator, the Plaintiff supplied each amount equivalent to KRW 33,207,00 for compressed machines, and KRW 54,868,00 for 150-maculator.

C. During the above transaction period, the Plaintiff loaned KRW 30 million to the Defendant, and entered into a transaction in which the sum of KRW 2850,000,000,000 for the down payment amount and KRW 35,490,000,000,000,000 for the total of KRW 123,565,00 until July 12, 2013, and the Defendant repaid the sum of KRW 35,00,000 for three times.

On July 17, 2013, for the payment of the outstanding amount of KRW 88,565,000, the Defendant transferred the claim to the Plaintiff from the representative of Nonparty G, the business partner of Nonparty G, and one other, with respect to KRW 88,50,00,00. On the same day, the Defendant notified the Plaintiff of the transfer of the above claim to H and one other, and the Defendant refused reimbursement to the effect that the Defendant did not have any obligation to pay to the Defendant.

[Ground of recognition] Facts without dispute, Gap 1-3 each entry, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, as the business operator of F, the remainder of KRW 88,565,00, including the price of goods, and as the Plaintiff seeks, 6% per annum under the Commercial Act from July 13, 2013 to June 29, 2016, the delivery date of the original payment order, which is the day following the above calculation base date, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

B. As to the judgment on the defendant's assertion, the defendant is not aware of the plaintiff, and since I, who is the actual defendant's child, has transacted with the plaintiff, the defendant is liable for the goods price obligation.

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