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(영문) 서울서부지방법원 2016.09.23 2015가단242194

물품대금

Text

1. The defendant shall pay 86,860,200 won to the plaintiff and 15% per annum from January 30, 2016 to the day of full payment.

Reasons

According to Gap evidence Nos. 3, 4, and 5, there is no dispute between the parties, or according to the plaintiff's statements, the plaintiff supplied alcoholic beverages to the Daur Tourist Hotel's underground club in Taewon-dong, Seoul, by May 10, 2015, until June 10, 2015, but did not receive KRW 125,261,250 out of the price. The defendant returned an amount equivalent to KRW 41,531,050 out of alcoholic beverages and partially repaid the amount, and the plaintiff's claims were 63,730,200, while entering into an alcoholic beverage supply agreement, the plaintiff provided materials such as air conditioners equivalent to KRW 23,130,00,000 in cash. In this case, if the defendant fails to maintain the contract for at least three years, it can be acknowledged that the plaintiff agreed to pay in cash.

The Defendant asserted that the obligation is KRW 14,862,980 by returning alcoholic beverages remaining after the instant lawsuit was received and returning all the subsidized materials, but there is no evidence supporting the claim.

Therefore, the defendant is obligated to pay to the plaintiff the amount of KRW 86,860,200 (=63,730,200 of the payment of the money + material cost of KRW 23,130,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 30, 2016 to the date of full payment after the complaint was served on the defendant.

Plaintiff

claim shall be accepted.