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(영문) 수원지방법원 2018.09.11 2016가단539034
손해배상(기)
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 44,512,848 and the interest rate thereon from August 8, 2017 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. The fact of recognition is that the Plaintiff supplied 5,012,848 won in total from August 27, 2016 to September 23, 2016 to Defendant B, which is operating a wholesale retail business with the trade name of “D”, and the Plaintiff received only KRW 10,50,000 out of the price of the said goods, and the name of the business registration of “D” is the Defendant C, which is the wife of Defendant B, pursuant to Article 150(3) and Article 150(1) of the Civil Procedure Act.

B. According to the above facts of determination, Defendant C, who leased the name of business registration from the Plaintiff to Defendant B and Defendant B, is jointly and severally liable to pay to the Plaintiff the unpaid goods amounting to KRW 44,512,848 (i.e., KRW 55,012,848 - KRW 10,500,000) and compensation for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 8, 2017 to the date of complete payment, following the date of final delivery of the copy of the claim and the application for change of the cause of the instant case.

2. The plaintiff's claim for conclusion is accepted on the ground of the reasons.

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