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(영문) 부산지방법원 2015.01.08 2014가합40452

물품대금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 56,513,120 as well as the interest rate from February 4, 2014 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that supplies meat, such as swine, to food enterprises and clinical processing enterprises. The Defendants are merchants who operate meat wholesale and retail business with the trade name of “C” between husband and wife.

B. The Plaintiff provided C with meat, such as pigs, and supplied C with meat from January 17, 2013 to February 28, 2013.

C. The Defendants verified that the price of the goods supplied by the Plaintiff is KRW 79,513,120, and prepared a written statement of repayment that the price of the goods will be paid in eight installments as follows to the Plaintiff.

The repayment date (won) one time on May 30, 2015, 200,000 on two occasions, each time of repayment, three times on May 7, 2013, 2013, each time of KRW 7,000,000, each time of five (7,000,000 on April 15, 2013, each time of May 7, 2013, each time of KRW 7,000,000 on May 7, 2013, each time of KRW 7,000,000 on October 7, 200, 200, each time of KRW 7,000 on July 15, 200, 200, each time of KRW 7,000 on November 7, 15, 200, each time of KRW 000 on August 13, 2013;

D. Accordingly, the Defendants paid to the Plaintiff KRW 10 million on May 20, 2013, KRW 10 million on August 13, 2013, KRW 10 million on October 1, 2013, and KRW 3 million on October 1, 2013, and the remainder has not been paid up to now.

[Ground for Recognition: Facts without dispute, Gap evidence 4-1 and 2, purport of the whole pleadings]

2. Determination

A. According to the facts established prior to the determination as to the cause of the claim, the Defendants are jointly and severally obligated to pay to the Plaintiff the remaining amount of KRW 56,513,120, and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 4, 2014 to the date of full payment, as the Plaintiff seeks.

B. The defendants' assertion as to the defendants' assertion did not timely supply the goods ordered by the plaintiff, and the defendants refused to demand the return of defective goods even if they supplied them, and thereby caused losses to the defendants, and thus, they cannot pay the price for the goods. However, the defendants' assertion as to this is only asserted, and there is no proof, and therefore the above assertion by the defendants cannot be accepted.

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