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(영문) 서울동부지방법원 2015.09.10 2015가단13226
매매대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 35,989,330 won and 20% per annum from April 17, 2015 to the date of full payment.

Reasons

1. Claim against Defendant A (hereinafter “Defendant Company”)

A. According to Gap evidence Nos. 1 through 3 (including a branch number) as to the cause of the claim, the plaintiff is a corporation that operates various kinds of livestock product processing and retail business. The defendant company is a corporation that runs the restaurant business, the restaurant business, the restaurant business, etc., and the plaintiff sold various livestock products from around 2011 to March 20, 2015 to the defendant company, including Korea LAC, and the total amount of the unpaid goods paid by the defendant company is 35,989,30 won (the total amount of one million won paid by the defendant company on April 3, 2015 and April 10, 2015 shall be calculated as the repayment amount). According to the above recognition facts, the defendant company is obligated to pay the plaintiff the goods price of KRW 35,989,300 and delay damages, unless there are special circumstances.

B. First of all, the defendant company's assertion as to the defendant company's assertion that the plaintiff abused the outstanding amount system, which is a practice of the distribution industry, with the defendant company, and traded at a price of 22% higher than the other company. Accordingly, the defendant company's assertion that the amount equivalent to 7,597,866 won out of the transaction amount between December 23, 2014 and March 20, 2015 should be deducted from the unpaid amount of the non-paid goods. However, since there was no evidence to prove the fact that the plaintiff traded at an unfairly high unit price as alleged by the defendant, the above assertion by the defendant company is without merit.

Next, the Defendant Company, if the Defendant Company pays the price of the goods with a corporate card, has paid the card fee to the Defendant Company, which is unfair. Therefore, the sum of the Plaintiff’s card fee paid by the Defendant Company from December 2, 201 to February 24, 2015 should be deducted from the unpaid price of the goods.

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