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(영문) 수원지방법원 2015.04.10 2014나34567
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. Determination Gap evidence Nos. 1, 2-1 through 6, 3, and 4 as to the cause of the claim, the purport of the entire pleadings and the following circumstances revealed through each of the above evidence: (i) both the plaintiff and the defendant are merchants operating wholesale and retail business based on the Daejeon Agricultural Cooperative Joint Wholesale Market; (ii) the defendant was supplied with vegetables for 13 years from around July 201 to July 201; and (iii) the plaintiff continuously prepared the transaction statement stating the goods supplied to the defendant and the accounts receivable, etc. to the time of supply; (iv) it is reasonable to view that the plaintiff delivered the above transaction statement to the defendant; (v) at least the defendant was sufficiently aware of the fact of preparing the transaction statement as above; and (v) it is reasonable to view that the plaintiff did not submit the above transaction statement to the defendant by the declaration of intention to the defendant; and (v) it is reasonable to view that the plaintiff did not submit the above transaction statement to the defendant up to 60 days prior to the deposit.

Therefore, the defendant is obligated to pay to the plaintiff 14,626,00 won and damages for delay at the rate of 20% per annum from March 25, 2014 to the day of full payment, which is the day following the delivery date of a copy of the complaint of this case, as requested by the plaintiff.

2. The plaintiff's claim is justified and acceptable.

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