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(영문) 창원지방법원마산지원 2016.06.29 2015가합601

물품대금

Text

1. The Defendant: (a) KRW 308,00,000 for the Plaintiff and KRW 20% per annum from August 25, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. In full view of the purport of the written evidence No. 1, the facts of recognition are as follows: (a) the Plaintiff and the Defendant entered into a partnership agreement with the Defendant to purchase and sell clothing (B and C goods); (b) however, the business did not run well; and (c) the Plaintiff and the Defendant incurred losses therefrom on April 26, 2013; (d) the Defendant paid to the Plaintiff KRW 48 million from April 26, 2013 to July 30, 2013; and (b) the Plaintiff agreed to entrust the Defendant with additional life items of KRW 3 (50,093 points) and KRW 210,000,000,000,000,000 won, which were purchased on the premise of the business; and (c) the Plaintiff received KRW 48,00,000,000 from the Defendant.

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the annual interest rate of 20 million won under the provisions of Article 3(1) of the Act on Special Cases Concerning the Promotion of Legal Proceedings, Article 3(1) of the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015); Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015); Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015); Article 3(1)15 of the same Act from the next day to the day of full payment.

3. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.