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(영문) 수원지방법원 성남지원 2018.10.16 2018가단12161
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,593,500 and the interest rate of KRW 15% per annum from June 13, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. The plaintiff is a person who runs the wholesale and retail business of grain with the trade name of "C", and the defendant is a person who runs the retail business with the trade name of "Dart".

B. The Plaintiff supplied grain to the FM operated by E.

C. On March 29, 2018, the Defendant, upon accepting the said Smarket from E, prepared a letter stating that “C representative A takes over and takes charge of all outstanding amounts supplied by C representative A to FM E” (hereinafter “each letter of this case”).

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

2. The plaintiff asserts that according to the content of the letter of this case, the defendant should pay to the plaintiff the outstanding amount for E and the outstanding amount for E, the total of KRW 40,593,500, and delay damages.

In light of the above, the Plaintiff’s letter of this case was prepared and presented to the Plaintiff that the Defendant would be liable to the outstanding amount for E, and according to the respective statements in the evidence Nos. 3 and 4, it can be acknowledged that the outstanding amount for the Plaintiff’s E and the Defendant was KRW 45,393,500 as of April 28, 2018, and the Plaintiff was paid KRW 480,000 from the Defendant on April 28, 2018.

Therefore, the Defendant is obligated to pay to the Plaintiff the outstanding amount at KRW 40,595,500 (i.e., KRW 45,393,500 - KRW 4,800,000) and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from June 13, 2018 to the date of full payment, as sought by the Plaintiff.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.

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