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(영문) 서울동부지방법원 2016.09.30 2016가단101755
물품대금
Text

1. The Defendant’s KRW 28,161,530 as well as the Plaintiff’s annual rate of KRW 6% from December 25, 2015 to January 27, 2016.

Reasons

Comprehensively taking account of the overall purport of the statements and arguments stated in Gap 1, 2, 3-5, 6-1-6-16, and 7 as to the cause of the claim, the plaintiff supplied food produced by the plaintiff to the defendant on August 13, 2015, and the defendant entered into a school meal service sales contract (hereinafter "the contract of this case") with the purport of forming a distribution and sales network for the plaintiff's products. The plaintiff can recognize the fact that he supplied the defendant with food equivalent to KRW 28,161,530 in total to the defendant from August 17, 2015 to December 24, 2015 under the contract of this case. Thus, the defendant has an obligation to pay the plaintiff the total sum of the above food prices to the defendant 28,161,530 won and delay damages from the date following the date of supply to December 25, 2015 to 16% of the annual bill of this case as stipulated in the Commercial Act.

The defendant's argument regarding the defendant's assertion was made in the process of promoting the plaintiff's product in a school meal market for the purpose of forming a distribution network for the plaintiff's product in accordance with the contract of this case, and the plaintiff notified the suspension of transaction at the time the contract of this case remains in 2 months after the conclusion of the contract of this case, and the defendant suffered damages equivalent to the above promotional expenses, and thus, the defendant should be compensated for damages equivalent to the above promotional expenses, and if the claim for damages is offset against the above claim for damages by the amount equivalent to the above promotional expenses against the claim for the automatic bond of this case, the above claim for the sale of

However, it is insufficient to recognize that the Defendant spent the costs of KRW 35,782,945 in total for September and October 2015 only for the promotion of the Plaintiff’s product by only the respective descriptions (including each number), and there is no other evidence to acknowledge it.

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