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(영문) 광주지방법원해남지원 2019.01.08 2018가단2087
물품대금
Text

1. The Defendant’s KRW 30,920,00 for the Plaintiff and 6% per annum from October 1, 2016 to August 31, 2018.

Reasons

1. Facts of recognition;

A. The defendant received a request from E to purchase rice in the name of the defendant, and issued a business registration certificate to him.

B. E presented to the Plaintiff a name indicating himself as a business director of the company F, a stock company, as a business director of the company.

C. Accordingly, on August 15, 2016, the Plaintiff supplied 720 kilograms of rice to Seo-gu Incheon, Seo-gu, Incheon, a place designated by E, and on September 1, 2016, 10 kilograms of rice 480 g and 20 g of rice.

At this time, the Plaintiff stated the trade name of the destination as “C” as designated by E. D.

The price of rice supplied by the Plaintiff on August 15, 2016 is KRW 20,2320,000, and the price of rice supplied on September 1, 2016 is KRW 18,60,000.

E. As above, the Plaintiff supplied rice of the sum of KRW 4,0920,000 (i.e., KRW 22,2320,000) and issued a tax invoice with the Defendant upon E’s request.

F. On August 31, 2016, KRW 10 million out of the above rice price was deposited in the Defendant’s name with the Plaintiff’s account.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant allowed E to use his trade name, and E used the defendant's trade name to trade rice with the plaintiff, and the plaintiff was found to have mistaken the defendant as a business owner at the time of the above rice transaction. The defendant's descriptions of the evidence Nos. 1 through 3 with the defendant's inside alone do not reverse the above recognition.

Therefore, pursuant to Article 24 of the Commercial Act, the Defendant leased the name to E with the remaining rice price of KRW 30,920,000 (i.e., KRW 2320,000 - KRW 18,600,000) and its final supply date after the Plaintiff supplied rice, which the Defendant sought from September 1, 2016 to August 31, 2018, the delivery date of a copy of the complaint of this case, which is the delivery date of a copy of the complaint of this case, shall be 6% per annum under the Commercial Act and 6% per annum from the following day to the date of full payment.

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