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(영문) 서울남부지방법원 2015.04.24 2014가단70447

물품대금 등

Text

1. The Defendant’s KRW 19,985,100 with respect to the Plaintiff and the rate of KRW 20% per annum from January 14, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff, as an individual entrepreneur who engages in wholesale and retail business of fishery products under the trade name of “C,” supplied the Defendant who operates a Chinese restaurant with the trade name from December 22, 2011.

B. The Plaintiff was unable to receive goods on a continuous basis, including that the credit amount exceeds KRW 20 million, and was issued with a certificate of credit sales claims confirming that the credit amount from the Defendant up to December 14, 2012 is KRW 20 million. After that, the Plaintiff supplied fishery products on the condition of cash settlement, but suspended the supply on September 30, 2014, the Defendant did not pay the existing credit amount, and as of the above date, the Defendant’s unpaid goods amounted to KRW 20,885,100.

C. After the filing of the instant lawsuit, the Defendant paid KRW 900,000 to the Plaintiff on December 29, 2014, which was subsequent to the filing of the instant lawsuit, and paid KRW 900,000 to the Plaintiff in total six times

(1) The plaintiff's claim was reduced by reflecting the above amount of payment (which is the ground for recognition). (3) The plaintiff's claim was reduced by reflecting the above amount of payment (which is the ground for recognition).

2. According to the above facts, the defendant is responsible for paying to the plaintiff 19,985,100 won in the balance of the goods unpaid and the amount equivalent to 20% interest per annum from January 14, 2015 to the date following the delivery of a copy of the complaint of this case, as requested by the plaintiff.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.