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(영문) 서울중앙지방법원 2017.12.21 2016가단112998

물품대금

Text

1. The Defendant’s KRW 81,280,933 as well as 5% per annum from September 29, 2016 to December 21, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. C (Representative D) supplied medicines, etc. to the Defendant (E pharmacy) from April 201 to May 2016, 201, and the amount of unpaid goods that the Defendant has yet to pay is KRW 81,280,933 (except for the amount of KRW 19,964,000 for goods to the F pharmacy).

B. Around June 2016, a claim for the price of goods was transferred in succession from C to G, H, and the Plaintiff. On August 31, 2016, the Plaintiff was issued a provisional attachment order with the Seoul Central District Court 2016Kadan1332, which read: (a) the Plaintiff, the Defendant, the garnishee, the garnishee I, the claim amounting to KRW 104,000,000, including the claim for the price of the goods; and (b) the claim for the provisional attachment as “the claim for the return of the lease deposit to the Defendant by the third obligor I, the Defendant, the third obligor I, the claim amount, and the claim amount,” which reads “the claim for the return

[Ground of recognition] There is no dispute, or according to the fact that Gap evidence Nos. 1 through 8 (including the serial number), witness D's testimony, and the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff the amount of 81,280,933 won for the goods unpaid to the plaintiff, as well as 5% per annum under the Civil Act from September 29, 2016 to December 21, 2017, which is the day following the delivery date of the complaint of this case, and 15% per annum as stipulated under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. As such, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.