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(영문) 서울북부지방법원 2017.08.17 2016가합26208

물품대금

Text

1. The Defendant’s KRW 274,299,620 as well as 6% per annum from November 5, 2016 to December 14, 2016 to the Plaintiff.

Reasons

1. The facts of recognition reveal that the Plaintiff operates “D” on the Dongdaemun-gu Seoul Metropolitan Government C and the first floor, and that the Defendant operated “Fweing” on the Suwon-gu E building, and the Plaintiff concluded a livestock product supply contract with the Defendant and supplied livestock products to the Defendant from around October 2009, but the price of the livestock products that the Defendant failed to pay to the Plaintiff (hereinafter “the outstanding amount”) was 274,299,620 as of October 31, 2016, and the fact that the Plaintiff urged the Defendant to pay the outstanding amount to the Defendant on November 4, 2016 is no dispute between the parties.

2. According to the above facts of determination, the Defendant is obligated to pay damages for delay calculated at the rate of 6% per annum under the Commercial Act from November 5, 2016 to December 14, 2016, which is clear from the date following the date on which the Plaintiff received a claim for performance of the outstanding amount of KRW 274,29,620 from the Plaintiff, to December 14, 2016, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of complete payment.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.