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(영문) 서울동부지방법원 2016.12.16 2014가단6436

물품대금

Text

1. The Defendant’s KRW 17,197,080 for the Plaintiff and 5% per annum from January 7, 2014 to December 16, 2016.

Reasons

1. Judgment on the plaintiff's claim

A. (1) The Plaintiff is operating the wholesale business of agricultural and fishery products in the D market located in Songpa-gu Seoul Metropolitan Government, and the Defendant operated the retail business from Pyeongtaek-si F with the trade name G.

(2) From March 2010 to October 2010, the Plaintiff supplied the Defendant with the total amount of KRW 291,527,500 ( KRW 28,832,000 for June, KRW 40,370,50 for July, KRW 38,243,50 for August, and KRW 38,50 for August). Of these, the Plaintiff was returned from the Defendant with the total amount of KRW 1,167,00 for KRW 3680 on August 2010 and KRW 7,990 on September 2010.

(3) The Plaintiff agreed with the Defendant to deduct the sum of KRW 12,337,920 from the above product price to the deductible amount under the application of the increase and decrease rate, and received a total of KRW 250,322,50 from the Defendant during the transaction period.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings

B. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the amount of KRW 17,197,080 in the balance of the above goods price (=291,527,500 won - the deducted amount of KRW 12,337,920 in accordance with the application of the return rate of KRW 1,167,00 in - the repayment amount of KRW 12,337,920 in - the repayment amount of KRW 250,32,50 in - the payment amount following the delivery date of the original copy of the instant payment order from January 7, 2014 until December 16, 2016, which is the date of the instant judgment, to pay damages for delay at each rate of KRW 15% per annum under the Civil Act, which is stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment.

2. As such, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as there is no ground.