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(영문) 부산지방법원 2015.02.11 2014가단92012

물품대금

Text

1. The Defendant’s KRW 82,180,340 for the Plaintiff and KRW 6% per annum from May 13, 2014 to October 23, 2014.

Reasons

The Plaintiff, who runs the ice Lease Wholesale Business in the name of “C” from May 13, 2013 to April 2014, supplied goods, such as Switzerland Lease Co., Ltd., to the Defendant who runs the ice Lease Pico, and the Defendant did not receive the price of goods from the Defendant as of May 12, 2014. The fact that the Plaintiff did not dispute between the parties, or that the purchase price of goods was not paid from the Defendant as of May 12, 2014, can be acknowledged by taking into account the overall purport of the pleadings in the statement in subparagraph 1. As such, the Defendant is obligated to pay to the Plaintiff 82,180,340 won and its payment delay damages at the annual rate of 6% as prescribed by the Commercial Act from May 13, 2014 to October 23, 2014, which is the delivery date of the authentic copy of the payment order in this case, and 20% damages for delay calculated from the following day to the full payment date.

As to this, the Defendant asserted that the Plaintiff agreed to pay to the Plaintiff KRW 8 million, out of the annual processing cost of KRW 18 million, as the instant goods, after receiving the monthly processing volume of 30 tons from the Plaintiff, the Defendant received the monthly processing volume of 30 tons from the Plaintiff, but there is no evidence to acknowledge it, the Defendant’s above assertion is difficult to accept.