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(영문) 부산지방법원 2015.11.19 2015가단40032

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 120,446,045 and the interest rate of KRW 15% per annum from June 11, 2015 to the date of full payment.

Reasons

In the absence of dispute or comprehensively taking account of the purport of the entire arguments in the statements in Gap evidence Nos. 3, 4, and 5 (including paper numbers), the plaintiff may each recognize that the plaintiff agreed to pay the price for the supply to the plaintiff on December 12, 2014 and sent the outstanding amount to the defendant for the refund of the outstanding amount, while he supplied the drugs necessary for processing such as plastic paints to the sales from March 2014 to April 2015.

According to the above facts, the defendant is obligated to pay to the plaintiff 120,46,045 won in balance of the drug price and damages for delay calculated at the rate of 15% per annum from June 11, 2015 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the plaintiff.

The defendant asserts that a request for rehabilitation cannot be complied with.

In full view of the purport of the entire argument by the evidence examined above, the defendant applied for rehabilitation on May 2, 2015 as Busan District Court 2015 Ma1010, but it can be recognized that the withdrawal of the application was permitted on August 6, 2015 and the rehabilitation procedure is terminated. Thus, the defendant's above assertion cannot be accepted.

The defendant asserts to the effect that, although eco-friendly gold 3 attempted chroman gold, it suffered 60 million won loss due to bad quality, and as a result, due to the dust generated from the factory adjacent to the product, the 550 million won loss occurred in the product, the defendant would make efforts to repay the claim in consultation with the plaintiff.

We cannot accept the defendant's above assertion because it is not only the defendant's assertion that he does not have the ability to repay but also there is no evidence to acknowledge it.

Therefore, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.