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(영문) 전주지방법원 정읍지원 2018.01.10 2017가합136

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 232,319,60 and the interest rate of KRW 15% per annum from September 24, 2017 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments in the Evidence Nos. 1 and 3 as to the claim for the purchase of goods, the Plaintiff traded to the Defendant, a company engaged in the livestock industry from around 2000 to July 7, 2016, with continuously supplying animal drugs and other goods. The price for the goods that was attempted as of July 7, 2016, which was supplied by the Plaintiff to the Defendant, was KRW 186,319,600, and the Defendant paid KRW 4,000, out of the price for the goods above to the Plaintiff on November 29, 2016. According to the above facts of recognition, the Defendant is obligated to pay the remainder of the price for the goods to the Plaintiff (=182,319,600,186,319,600, - 4,000,000 won), and damages for delay.

2. In full view of the purport of the Plaintiff’s evidence Nos. 2 and 4 as to the loan claim and the entire pleadings, the Plaintiff may recognize the fact that the Plaintiff loaned KRW 50 million to the Defendant, including KRW 26,00,000 on February 26, 2016 and KRW 30,000 on March 18, 2016, as the due date for repayment on August 31, 2016. According to the above facts of recognition, the Defendant is liable to pay the Plaintiff a loan of KRW 50,000 and its delay damages.

3. According to the conclusion, the Defendant is obligated to pay to the Plaintiff a total of KRW 232,319,600 (i.e., KRW 50,000 loans of KRW 182,319,600) 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 September 24, 2017 to the date of delivery of a copy of the instant complaint as requested by the Plaintiff after the date of the final supply of the goods and the due date for payment.