(영문) 의정부지방법원 2017.01.17 2016가단17200

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(영문) 의정부지방법원 2017.01.17 2016가단17200

물품대금

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1. The Defendant shall pay to the Plaintiff KRW 68,934,703 and the interest rate of KRW 15% per annum from May 17, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The distribution of a corporation is a corporation that engages in agricultural and fishery products distribution business, and the defendant has operated a wedding hall and a bag in the Chungcheong City in C in the name of "B".

B. From May 7, 2013 to June 24, 2015, Nonparty Company supplied freezing fishery products to the Defendant several times, but “the first price for the goods of KRW 74,385,903 from the Defendant.”

(C) A. On August 21, 2015, the non-party company transferred the first claim for the amount of goods to the Plaintiff. Around that time, the non-party company notified the Defendant of the assignment of the said claim. D. The Plaintiff supplied freezing fishery products to the Defendant several times from July 2015 to December 2015, and the Plaintiff was not paid the amount of KRW 68,934,703 out of the total amount of the amount of the unpaid goods and the first goods. [Grounds for recognition] The non-party company did not dispute, and the evidence Nos. 1 through 9 (including the serial number) (including the serial number) is included.

each entry, the purport of the whole pleading

2. 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 68,934,703, and damages for delay calculated at the rate of 15% per annum from May 17, 2016 to the day of full payment, which is the day following the delivery date of the original copy of the instant payment order sought by the Plaintiff.

3. The defendant's argument regarding the defendant's assertion that since the plaintiff did not supply fishery products at the time of the manufacture, the defendant did not provide food to the wedding customers, and as a result, the defendant received the food expenses reduced by the customer's KRW 12 million and suffered a loss equivalent to the above amount. The plaintiff suffered a loss of KRW 40 million by supplying fishery products at an unreasonable price higher than that of other companies, so the above KRW 52 million should be deducted from the unpaid goods price.

However, the defendant submitted.

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