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(영문) 대구지방법원 2016.07.22 2016가단4782
물품대금
Text

1. The Defendant’s KRW 41,44,00 for the Plaintiff and the following: 5% per annum from August 21, 2015 to February 18, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff supplied capital reduction equivalent to KRW 179,731,00,000, in total, to “B” as the representative of the Defendant, and was not paid KRW 41,44,000 out of the capital reduction.

B. The Plaintiff was issued a written confirmation of payment for capital reduction on August 13, 2015 under the name of the Defendant and the guarantor C to receive the full payment of the remainder by August 20, 2015, when supplying capital reduction.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the Plaintiff is liable to pay the remainder of capital reduction to the Defendant as the counterparty to the capital reduction or the representative borrower of “B”.

The defendant asserts that he is merely the representative of "B" in the name of "B" and is not the other party to the actual transaction with the plaintiff.

B. In light of the above facts, according to the above facts of recognition, the defendant can be recognized as a party to a transaction with the plaintiff. It is not so domestic affairs, and even according to the defendant's assertion, the defendant is obligated to pay the balance of capital reduction as the nominal lender, since he lent the name of the representative to "B".

Thus, the defendant is obligated to pay to the plaintiff 41,44,00 won of the remaining capital reduction as well as damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from August 21, 2015 to February 18, 2016, the delivery date of a copy of the complaint of this case, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. Accordingly, the plaintiff's claim is accepted on the grounds of the conclusion.

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