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(영문) 부산지방법원 동부지원 2018.05.02 2017가단13719

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 53,284,660 and the interest rate of KRW 15% per annum from November 1, 2017 to the date of complete payment.

Reasons

1. Comprehensively taking account of the purport of Gap evidence No. 1-1-3 and the entire arguments as to the cause of the claim, the plaintiff, who runs a wholesale and retail business of food materials, supplied food materials to the defendant, who runs a culture and food restaurant business from December 2, 2015 to July 2017, and recognized the fact that the amount of such attempted food materials supplied to the defendant 53,284,660.

Therefore, the defendant is obligated to pay to the plaintiff the above 53,284,660 won and damages for delay calculated at the rate of 15% per annum from November 1, 2017 to the day of full payment, which is the day following the delivery of the original copy of the payment order in this case.

2. The defendant's assertion argues that since the plaintiff provisionally seized the amount equivalent to KRW 28,284,660 of the product price claim against the defendant's new world, etc., the plaintiff cannot claim the payment of the price for the goods against the defendant.

However, it cannot be said that the plaintiff's claim for the price of goods was paid out only by provisional seizure, and further there is no evidence to deem that the plaintiff appropriated the claim for the price of goods to the defendant through seizure and collection of the above claim. Therefore, the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and all of them are accepted. It is so decided as per Disposition.