logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.12.17 2015가합2544
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The parties concerned are companies mainly engaged in the manufacture of steel products and wholesale and retail business. B Co., Ltd. (hereinafter “B”) is a customer who was supplied with steel materials from the Plaintiff and C implementation business (hereinafter “instant business”), and D Co., Ltd. (hereinafter “D”) is a company implementing the instant business. The Defendant is the representative director of D.

B. The Plaintiff’s claim for the price of goods related to B supplied steel to B from July 2012 to November 2012, the Plaintiff agreed to pay damages for delay calculated at the rate of 8% per annum at the end of the following month upon the end of the end of the relevant month, and at the end of April 4, 2013, the amount of goods unpaid as of April 4, 2013 was KRW 515,065,159 (principal principal KRW 49,259,713 damages for delay), and the amount of goods unpaid as of April 4, 2013 was KRW 15,805,46).

Accordingly, on September 27, 2013, the Plaintiff filed a lawsuit against B on the claim for the purchase of goods, and the judgment was finalized on September 27, 2013 with respect to “B shall pay to the Plaintiff the amount of KRW 515,065,159 and KRW 49,259,713, the amount of KRW 8% per annum from April 5, 2013 to September 27, 2013, and KRW 20% per annum from the next day to the date of full payment.”

C. On November 14, 2012, the Plaintiff’s transfer of claims and the details of the notification.

In order to secure the claim for the amount of goods stated in B, B acquired a loan equivalent to KRW 700 million against B (hereinafter “instant loan”) from the Defendant, and notified the Defendant of the transfer of the claim by content-certified mail on March 14, 2013.

As a result of the relevant criminal punishment, E, the representative director of D, who is the representative director, intends to purchase the land of Gangdong-gu Seoul Metropolitan Government to build commercial buildings and officetels around November 201, and enter into a construction contract with B if it is insufficient to purchase the land of Gangdong-gu, and the funds are lent to him/her after 14 months.

arrow