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(영문) 대구지방법원경주지원 2017.08.22 2016가단2621

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 183,654,250 and the interest rate of KRW 15% per annum from June 28, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that runs agricultural and fishery products and wholesale and retail business, etc., and the Defendant is a private entrepreneur who runs wholesale and retail business of eggs and agricultural products in the trade name of B.

B. The Plaintiff supplied disturbance to the Defendant from July 29, 2012 to July 31, 2013. However, the Plaintiff failed to receive KRW 212,54,250 out of the amount of disturbance supplied as of July 31, 2013 (Evidence A 1, while the Defendant on March 27, 2017, which was stated at the fourth date for pleading, asserted that the evidence No. 1 was made out by the Plaintiff’s strong pressure, but there is no evidence to acknowledge it. Furthermore, in the preparatory documents of June 29, 2017, which were stated at the sixth date for pleading, the Defendant asserted to the effect that the Plaintiff participated in the Defendant for the purpose of evading taxes and submitted false sales data to the tax office to the effect that the evidence No. 1 was made out of the amount of disturbance supplied as of July 31, 2013. However, the Plaintiff did not have any other evidence to acknowledge that the amount was paid from the Defendant No. 1 and No. 2500.38.5.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff the above 183,654,250 won and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 28, 2016 to the day of full payment, as the plaintiff seeks.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.