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(영문) 광주지방법원목포지원 2017.11.08 2017가단5257

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 71,487,50 and the interest rate of KRW 15% per annum from July 28, 2017 to the day of complete payment.

Reasons

1. If the purport of the entire pleadings is added to the evidence Nos. 1 and 2 of the judgment as to the cause of the claim, the Defendant, from January 2015 to December 26, 2015, supplied the Plaintiff with rice equivalent to KRW 71,487,50 in total, and did not pay the Plaintiff the price. The Defendant’s representative director C, on September 1, 2016, prepared a written statement stating that “T shall pay KRW 50,000 out of the rice price,” and delivered it to D, the representative of the Plaintiff.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 71,487,500 for rice unpaid to the plaintiff, except in extenuating circumstances.

2. The defendant's assertion is alleged to the effect that the plaintiff claimed 28,260,00 won for rice supplied to the last village of the land in Gwangju, including the above 71,487,50 won, and also suffered a significant loss due to the suspension of delivery by the plaintiff's unilateral suspension, and the plaintiff's claim of this case is claimed.

However, there is no evidence to acknowledge the defendant's above assertion, and the defendant's above assertion is not acceptable.

3. Comprehensively taking account of all the conclusions, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from July 28, 2017 to the day of full payment, which is obviously 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as claimed by the Plaintiff, after the Plaintiff supplied the Defendant with the last rice.

If so, we decide to accept the plaintiff's claim and decide as per Disposition.