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(영문) 인천지방법원부천지원 2015.12.22 2015가단11993

물품대금

Text

1. The Defendant’s KRW 81,839,321 as well as the Plaintiff’s KRW 20% per annum from June 19, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that runs the manufacturing business, such as kitchen supplies, and the Defendant is an individual entrepreneur who runs the manufacturing business of kitchen supplies in the trade name of “B.”

B. The Defendant received the manufacture and supply of smells, etc. from C Co., Ltd (hereinafter “C”).

C. In order to produce goods to be supplied to C, the Defendant, after the Defendant’s smelling process with the Plaintiff, had his smelled, etc., and had delivered the above half-finished goods (goods prior to completion) and incidental materials (snick lids, V, presses, etc.) to the Plaintiff, the Plaintiff again delivered the above half-finished goods to the Defendant through the process of assembling materials, etc. in the above half-finished goods.

Accordingly, from August 23, 2013 to April 8, 2014, the Plaintiff supplied the Defendant with the above processing work. D.

On May 22, 2014, the Defendant drafted and issued to the Plaintiff a “certificate of arrears” stating that the processed amount of the processed amount of KRW 85,839,321 is KRW 85,839,321.

On January 16, 2015, the Plaintiff received KRW 4,000,000 out of the above balance from the Defendant.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 1, Eul evidence 2, Eul evidence 1 and 2, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remaining processed costs of KRW 81,839,321 (i.e., KRW 85,839,321 - KRW 4,00,00) and the interest rate prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 19, 2015 to the date of full payment, which is obviously a day following the delivery of a copy of the complaint of this case (20% per annum from September 30, 2015 until September 30, 2015, and 15% per annum from the next day to the date of full payment).

3. Judgment on the defendant's assertion

A. The defendant's summary of the defendant's assertion: (1) The defendant delivered the goods to the plaintiff as inventory amounting to KRW 4,549,299, which the defendant would end his transaction, to the plaintiff; and (2) the above amount is the case.