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(영문) 부산지방법원동부지원 2016.11.02 2015가단20768
물품대금
Text

1. The Defendant’s KRW 27,870,00 for the Plaintiff and KRW 6% per annum from November 11, 2015 to November 2, 2016.

Reasons

1. Facts of recognition;

A. Since 2004, the Defendant received active terms from the Plaintiff’s representative director C, his father.

B. From January 2007, the Defendant was supplied with active terms by D (the representative director of the Plaintiff) who succeeded to the transaction relationship with D from January 2007, and was supplied with active terms by the Plaintiff who succeeded to the transaction relationship with D from April 201 to September 25, 2015.

C. Any balance remaining cumulative as of September 25, 2015 is KRW 27,870,000.

[Ground of recognition] Facts without dispute, entry Eul's evidence No. 1, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 27,870,000 as active to the Plaintiff, and the damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from November 11, 2015 to November 2, 2016, which is the date of this judgment, and 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

3. Determination as to the defendant's assertion on March 3, 200

A. First, the defendant asserts that the remaining amount issued in the transaction relation with C is not liable to pay to the plaintiff. However, in light of the fact that the defendant succeeded to the transaction relation with C and prepared the transaction account book (Evidence No. 1) calculating the balance, it is reasonable to deem that there was an agreement between the plaintiff and the defendant on the succession to the transaction relation with C. Thus, the defendant's assertion against this cannot be accepted.

B. In addition, the defendant argues that the amount and amount of active language requested to be kept by C at the time of making a transaction with C are different from the amount on the account book and the actual remaining amount. However, the defendant's assertion may be recognized in the transaction account book prepared by C.

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