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(영문) 서울북부지방법원 2014.10.24 2014나21241

물품대금

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. Basic facts (1) The Plaintiff is a company that supplies food materials to restaurants, etc., and the Defendant is a person who operates a restaurant in the name of “B”.

(2) On February 1, 2012, the Plaintiff merged Korea-Japan Stock Company.

(3) The price for food materials supplied to the Defendant from December 2, 2011 to March 2013 by the Plaintiff and the Hanmaart Co., Ltd. is KRW 31,443,00 in total. The Plaintiff paid KRW 23,498,100 from the Defendant and paid KRW 7,94,903 in total.

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

2. Determination

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 7,944,903 unpaid food materials and delay damages calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 18, 2013 to the day of full payment, as the Plaintiff seeks.

B. The defendant's assertion that the amount of the price for the food materials claimed by the plaintiff is different from the actual amount. However, the fact that the unpaid price for the food materials is the cause of 7,94,903 is recognized as mentioned above. The defendant only contests the plaintiff's claim, and the defendant did not assert and prove the amount of the price for the food materials and its basis. Thus, the defendant's argument is rejected.

3. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.