beta
(영문) 서울남부지방법원 2020.02.13 2019가단207503

물품대금

Text

1. The Defendant’s KRW 65,650,617 as well as the Plaintiff’s KRW 65% per annum from December 16, 2018 to January 18, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff, as a company whose business purpose is livestock products, meat processing, and wholesale retail business, continuously supplied e, who operates a restaurant “D” located in Mapo-gu, from around 2015, goods, such as meat, etc.

B. On July 27, 2015, the Plaintiff filed an application for a payment order seeking the payment of the said money with the 134,028,883 E’s outstanding amount in KRW 134,02,000,000,000,000,000,000,000.

C. Since then, the above case of requesting a payment order was executed as a lawsuit by the E’s filing of objection (this Court Decision 2015Da49808), and on December 12, 2015, the decision of recommending a compromise between the above parties (hereinafter “decision of recommending a compromise”) was finalized as follows:

1. The Defendant shall pay KRW 134,028,883 to the Plaintiff, on condition that, from December 25, 2015 to July 25, 2018, the Defendant shall pay KRW 4,000,000 per annum (32 times each month = 1228,000 won each month = 4,00 million) to the Plaintiff as of July 25, 2018, respectively. If the Defendant violates each of the above payment dates on one occasion, the Defendant shall pay damages for delay calculated at the rate of 15 percent per annum from the day following the date of the violation until the date of full payment.

2. The plaintiff waives the remaining claims.

3. The costs of lawsuit shall be borne respectively;

After all, 96 million won out of 134,028,883 won based on the decision of recommending reconciliation was repaid and the remaining amount was 38,028,883 won, and the above goods transaction was resumed.

The Plaintiff settled the total amount of goods prices at the end of each month and appropriated the balance of the previous month before the end of each month, and E did not raise any objection thereto. The balance of the previous month from March 2018 to December 15, 2018, which is the last transaction date, is as shown in attached Form 2018 transaction statement.

(final outstanding amounts 27,621,734). (e)

Meanwhile, the aforementioned “D” changed its trade name to F before April 2018.

The defendant, as a child of E, shall assist his father and operate the above "D" or "F".