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(영문) 서울동부지방법원 2020.12.15 2019가단158882

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 14,027,560 to the Plaintiff (Counterclaim Defendant) and its related amount from March 19, 2019 to May 31, 2019.

Reasons

1. Basic facts

A. The plaintiff is a corporation whose purpose is the livestock products processing business, etc., and the defendant is a restaurant and food materials wholesale and retail business.

B. Around December 2014, the Plaintiff entered into a contract with the Defendant for the supply of livestock products, such as Korea-Japan. If the Defendant ordered the Plaintiff to sell the livestock products by determining the items, quantity, etc., the Plaintiff traded each time by delivering the livestock products through processing and packaging in compliance with the order, and then by delivering a transaction statement stating the unit price, quantity, and value of supply for each item to the Defendant.

C. From December 2014 to November 2018, the Plaintiff supplied the Defendant with livestock products equivalent to KRW 220,907,890, and was not paid the amount of KRW 14,027,560.

[Reasons for Recognition] Each entry of Gap 1 through 8 (including paper numbers), the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 14,027,560 for unpaid goods and the damages for delay calculated at the annual rate of 12% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from March 19, 2019 to May 31, 2019, the day following the delivery date of the original copy of the instant payment order from March 19, 2019; Article 3(1) of the Addenda of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019); Article 2(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019); Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings.

B. Around December 2014, the Defendant concluded a livestock products supply contract with the Plaintiff, and concluded a contract with the Plaintiff to supply only within the scope of KRW 52,00,00 at the unit price (won/Kg; hereinafter the same shall apply) of Korea-do, etc., and the Plaintiff made any notification to the Defendant from June 2015.