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(영문) 청주지방법원 2015.05.15 2014가단23843
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 21,176,152 and the interest rate of KRW 24% per annum from September 14, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells feed, livestock products, animal medicine, etc., and the Defendant is a company that manufactures and sells chickens and its products.

B. On June 2014, the Plaintiff and the Defendant entered into a contract for the supply of mixed feed (hereinafter “instant contract”) with the content that the Defendant and the Plaintiff supply the mixed feed to the Defendant. The main content of the instant contract is as follows.

The plaintiff will supply the plaintiff's products to the defendant from June 2014 under this Agreement.

The supply price of goods supplied to the defendant by the plaintiff shall be determined separately.

The burden of risk and the burden of risk on the loss of or damage to the product as at the time of completion of the acceptance shall be borne by the consignee, and the defendant shall, if he/she has an objection to the quality and quantity of the product he/she has acquired, raise an objection without delay at the time of acceptance.

Provided, That it shall be notified in writing within five days from the date of acceptance for any defect in the quality that can not be discovered at the time of acceptance.

No damages may be claimed unless written notice has been given.

Where delay is not paid within the mutually agreed settlement date during the transaction imposing overdue interest, the plaintiff may pay a overdue interest rate of 0.04% per day to the defendant for late payment.

Where the balance of the purchase price is not deposited within the mutually agreed date after the discontinuance of transaction, the plaintiff may claim the defendant to suspend 24% interest on the balance of the purchase price.

C. From June 2014, the Plaintiff supplied the mixed feed to the Defendant pursuant to the instant contract, and the transaction was suspended on September 13, 2014. As of September 13, 2014, the Defendant did not pay KRW 21,176,152 out of the amount of goods supplied under the instant contract to the Plaintiff as of September 13, 2014.

[Ground of recognition] A. There are no dispute, evidence Nos. 1 through 4, and evidence Nos. 1 and 2.

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