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(영문) 부산지방법원 서부지원 2018.02.09 2017가단7772
물품대금
Text

1. Defendants are jointly and severally liable for 53,073,055 won and the Defendants C from April 22, 2017 to July 27, 2017.

Reasons

1. Determination on the cause of the claim

A. On the trade name of “D”, the Plaintiff engaged in the wholesale business of steel materials and steelworks, as “E,” the Defendants (Defendant B is the representative of the said company, and Defendant C is the actual operator) operating the manufacturing business of steel materials and steel structure, and supplied steel materials, etc. from October 1, 2016 to April 3, 2017 to receive 53,073,755 won for goods, can be acknowledged in accordance with the respective statements in subparagraphs 1 through 4.

B. If so, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 53,073,05 and damages for delay calculated at each rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day after the date of the final repayment of part of the price of the goods, as requested by the Plaintiff. Defendant B is the service day of a copy of each complaint from April 22, 2017 to July 27, 2017; Defendant C is the 6% per annum as prescribed by the Commercial Act until January 3, 2018; and the damages for delay calculated from the following day to the date of full payment.

2. In conclusion, the plaintiff's claim against the defendants shall be accepted on the grounds of all the claims, and it is so decided as per Disposition.

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