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(영문) 수원지방법원안양지원 2014.05.15 2013가단14680
물품대금
Text

1. The Defendant’s KRW 52,450,305 with respect to the Plaintiff and KRW 5% per annum from April 5, 2012 to May 15, 2014.

Reasons

1. Basic facts

A. On February 13, 2012, the Plaintiff entered into a goods supply contract with the Defendant (hereinafter “instant goods supply contract”), and C, the actual operator of the Plaintiff, was ordered by telephone from D, which was the vice president of the Defendant, and supplied the Defendant with steel bars over ten times.

B. On March 31, 2012, the Defendant paid 74,929,008 won (including value-added tax; hereinafter “the instant steel”) totaling KRW 13m 74,929,000 (including value-added tax; hereinafter “the instant steel”), and paid part of the price for the remainder of the supply.

C. D was sentenced to 10 months of imprisonment with prison labor for a crime that "it purchases steel materials to be used by the Defendant, despite purchasing steel materials for personal use, and makes it false as if the Defendant would pay the price, and acquired them by receiving steel materials equivalent to KRW 68,117,280 from the Plaintiff," and the above judgment became final and conclusive thereafter.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 3, and 4-2, the witness C's testimony, and the purport of whole pleading

2. The assertion and judgment

A. Judgment 1 on the cause of the claim 1) The plaintiff supplied the steel of this case in accordance with the contract for the supply of the goods of this case. Thus, the defendant is obligated to pay the plaintiff the steel price of this case 74,929,008 won and damages for delay.

B) Even if the steel supply of this case is not a legitimate transaction, since D, an employee of the Defendant, inflicted damages on the Plaintiff in connection with the execution of its business, the Defendant is obligated to pay damages to the Plaintiff, as well as damages for delay. 2) According to the above-mentioned facts of determination as to the claim for the payment of goods.

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