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(영문) 인천지방법원 2019.01.09 2018나59536

물품대금

Text

1. Of the judgment of the court of first instance, the Plaintiff’s KRW 8,530,720, among the judgment of the court of first instance, and KRW 7,044,180 among the costs, shall be from August 1, 2017.

Reasons

1. In full view of the purport of the argument in the evidence Nos. 1 through 5, Nos. 3 and 5 of the judgment as to the cause of the claim, the Plaintiff, who sells milk products, entered into a supply contract with the Defendant operating the restaurant in the name of “C” (the Defendant entered into a franchise agreement with “C” and entered into a supply contract with the Plaintiff. However, it is alleged that the Defendant directly ordered the Plaintiff to deliver the goods to the Defendant, and that the Defendant directly deposited the goods into the Plaintiff’s account, and that the Plaintiff issued a tax invoice to the Defendant, etc., it can be sufficiently recognized that the Plaintiff entered into the supply contract with the Defendant, from August 2014 to July 2017, the Plaintiff and the Defendant agreed to pay the goods at the end of the following month after settling the goods price as of the end of each month, and that the Plaintiff’s payment for the goods was not paid as of July 30, 2017; and the Plaintiff’s payment for the goods as of July 38, 2017.

According to the above facts, as to the Plaintiff’s price of KRW 8,530,720 and KRW 7,044,180 from August 1, 2017 to August 1, 2017, and KRW 1,486,540 from the date following the date of payment, the date of payment for the goods for July 31, 2017 is August 31, 2017, according to the agreement between the Plaintiff and the Defendant’s settlement of prices for goods, and as long as there is no assertion or proof as to the Defendant’s loss of the benefit of time, damages for delay on the goods for July 2017 shall accrue from September 1, 2017.

From January 9, 2019, the adjudication date of this Court, which is deemed reasonable to dispute the existence or scope of the obligation, each Defendant is obligated to pay 5% interest per annum and 15% interest per annum from the following day to the date of full payment.

2. The defendant.