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(영문) 인천지방법원 2015.09.23 2015가단18762

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 28,208,137 and the interest rate of KRW 20% per annum from March 19, 2015 to the day of complete payment.

Reasons

1. In full view of the purport of Gap evidence Nos. 1 and evidence Nos. 5-8 of the judgment as to the cause of the claim, the plaintiff is a company operating the main body manufacturing business, etc., the defendant is a company operating the franchise agreement and management business, etc. of the franchise restaurant called "Korea-do," and the plaintiff has supplied the defendant with the main body 47,950,000 won from November 2014 to January 2015. Thus, according to the above facts of recognition, the defendant is obligated to pay damages for delay calculated at the ratio of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from March 19, 2015 to the date on which the original copy of the payment order of this case sought by the plaintiff was delivered to the defendant.

The defendant asserts that the defendant paid the price to the plaintiff in full, and even if not, the plaintiff unilaterally suspended the delivery without complying with the delivery date or did not properly undermine A/S, and that the plaintiff and the defendant completed the settlement that they did not seek any goods price or damages, but there is no evidence to acknowledge this. Thus, the defendant's argument is without merit.

2. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.