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(영문) 부산지방법원 2018.10.10 2017가단330258

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 32,020,308 and the interest rate of KRW 15% per annum from September 9, 2017 to the date of complete payment.

Reasons

1. Determination on the cause of the claim

A. Fact 1) The Plaintiff is a company that manufactures and sells red ginseng products of the brand of “G”. The Defendant entered into a franchise agreement with the Plaintiff and sold the Plaintiff’s red ginseng products, etc. in the name of “G Busan Busan Seo-gu store.” 2) The Plaintiff supplied goods of KRW 79,505,000 in total to the Defendant from April 18, 2013 to November 16, 2016. The Defendant paid only KRW 47,484,70 in total, and did not pay the remainder of KRW 32,020,308 in total.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1-3, 6, and 7, 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 32,020,308 unpaid goods and damages for delay calculated at the rate of 15% per annum from September 9, 2017 to the date of full payment, as the Plaintiff seeks.

2. Judgment on the defendant's assertion

A. The main points of the assertion are as follows: (a) due to the Plaintiff’s management error, the content that G products are able to be able to serve in H Press News is reported; and (b) the supply consultation with the existing business partners, including I, and companies that will be future business partners was suspended; and (c) the Defendant suffered enormous damages and closed down business;

B. First of all, there is no specific evidence to prove the fact that the defendant's above damage was caused by the defendant's assertion, and according to the overall purport of Gap's statements and arguments as to Gap's evidence Nos. 4, 5, 8, and 9, the Cheongju District Court 2013Da3249, Cheongju District Court 2013Na3249, which filed against the defendant, decided as a substitute for conciliation in the same court 2013Na4419, which is the appellate court of the claim for the payment of goods against the defendant, the defendant's claim for the above damage was concluded.