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(영문) 대구지방법원의성지원 2020.09.09 2019가단922
물품대금
Text

1. The Defendant’s KRW 88,923,960 for the Plaintiff and 5% per annum from November 13, 2018 to October 16, 2019, and the following.

Reasons

① The Defendant: (a) concluded an arrangement with the Plaintiff to arrange for sale of fertilizers in the course of operating the D agency; (b) around July 2015, the Defendant received 700 gambling fertilizer from the Plaintiff and received the said 700 gambling fertilizer from the Plaintiff and received the payment directly from the local farmers pursuant to the arrangement to arrange for sale; (c) around that time, the Defendant received 24,795 gambling fertilizer from the Plaintiff to June 2016, and then embezzled the remaining 11,94 gambling KRW 96,431,760 from the Plaintiff’s normal delivery pursuant to the arrangement to arrange for sale; and (d) during the period from September 2015 to June 2016, the Defendant did not prosecute the Plaintiff’s total 16,380 gambing fertilizer and then arranged for sale of the remaining 128,197 gambling fertilizer with the Defendant’s agreement to arrange for sale of the said 1501,260181,481.

Therefore, the Defendant is obligated to pay damages for delay calculated at each rate of 12% per annum as stipulated in the Civil Act from November 13, 2018, which the Plaintiff seeks to deduct the unpaid fees from the principal, 25,546,50 won, from the total damages for the goods embezzled as above to the Plaintiff (i.e., KRW 96,431,760 won) (i.e., KRW 88,923,960, and thereafter, from the date of embezzlement to October 16, 2019, the delivery date of the original copy of the instant payment order from November 13, 2018, which is 5% per annum as stipulated in the Civil Act, and from the following day to the date of full payment (i.e., the statutory interest rate of Article 3(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings).

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