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(영문) 광주지방법원 2017.09.14 2016가단25336

물품대금

Text

1. Defendant A Co., Ltd. shall pay 53,844,910 won to the Plaintiff and 25% per annum from August 29, 2016 to the date of full payment.

Reasons

1. Claim against Defendant A

A. Determination as to the cause of the claim (1) On April 27, 2016, the Plaintiff’s agent (hereinafter “Defendant Company”) supplied goods, such as food materials, to the Defendant Company as the head of the headquarters of the Defendant Company A (hereinafter “Defendant Company”) with comprehensive power of representation regarding the conclusion of the purchase agreement, the purchase of goods, and the management of burial. The Plaintiff Company supplied the goods, such as food materials, to the Defendant Company at the end of each month, and the Defendant Company made a transaction agreement with the effect that the payment shall be settled and paid at the end of each month, and the payment shall be made at the rate of 30% per annum if the payment is delayed (hereinafter “instant transaction agreement”). ② The Plaintiff supplied the goods equivalent to KRW 65,126,979 from May 5, 2015 to June 22, 2015 (hereinafter “Defendant Company”). However, the Plaintiff Company’s assertion that it supplied the goods to the Defendant Company in excess of KRW 65,675,039,750 each of the Plaintiff’s testimony number 675 and evidence 75.7.7

On the other hand, the Plaintiff itself acknowledges that the Defendant received KRW 11,282,069 out of the amount of goods.

According to the above facts, the Defendant Company shall pay to the Plaintiff the remainder of KRW 53,844,910 (=65,126,979 - 11,282,069) and to the day of full payment from August 29, 2016, one month after the date of delivery of a copy of the instant complaint to the Defendant Company, as sought by the Plaintiff, after the payment date of the goods under the agreement.