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(영문) 서울중앙지방법원 2016.12.02 2016나27732

미수금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. From June 23, 2008 to June 23, 2008, the Defendant is a person operating the main store (hereinafter “instant main store”) with the trade name “C” from underground floor of Seocho-gu Seoul Metropolitan Government’s B building registered as “C.” The Plaintiff is a liquor company that supplied liquor to the Defendant from around that time until March 26, 2014.

B. As of March 26, 2014, the outstanding amount of goods price is KRW 1,541,500, based on the suspension of liquor supply transaction between the Plaintiff and the Defendant.

C. Meanwhile, during the period from December 201 to June 201, the Defendant had D operate the instant main points while maintaining the name of “Defendant’s name” and “C”.

During the above period, the Plaintiff continued to issue an electronic tax invoice in the name of the recipient of alcoholic beverages to the main place of this case, and the Defendant did not raise any objection against the issuance of the electronic tax invoice.

On July 15, 2014, the Plaintiff sent to the Defendant a content-certified mail containing a declaration of intent that “to pay the unpaid liquor amount of KRW 2,254,600,00,” and around that time, the said content-certified mail reached the Defendant.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff 1,541,50 won of unpaid liquor and 15% of the annual interest rate from July 29, 2014 to April 21, 2016, which is the service date of the original copy of the instant payment order, from July 29, 2014, which is the day following the day when the plaintiff notified payment for a reasonable fixed period of time after the transaction was interrupted, to the day when the original copy of the instant payment order was served (as requested by the plaintiff, the rate of civil interest is not the commercial rate), and to pay the plaintiff 15%

B. As to this, the defendant shall pay the unpaid alcoholic beverages 1,541.