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(영문) 창원지방법원진주지원 2015.08.07 2015가단1204
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 24,547,950 and the interest rate of KRW 20% per annum from January 27, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company whose purpose is the manufacturing business of biochemical chemical products, etc., and the Defendant is a person who registered the business with the trade name of “C” for wholesale and retail business of organic fertilizers on November 30, 2010.

B. On December 1, 2010, the Plaintiff entered into a transaction agreement with the Defendant and the Defendant’s husband D, and ② a sales contract with the Defendant for goods entrusted (sale by proxy) and entered into a transaction by September 2, 2014. The amount of goods that the Defendant failed to pay to the Plaintiff is KRW 24,547,950.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3-1, 2, 4, 5-1 through 3, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the unpaid amount of KRW 24,547,950, and damages for delay calculated at the rate of 20% per annum from January 27, 2015 to the day of full payment, as claimed by the Plaintiff, as the day following the delivery date of the instant payment order, as the payment order, to the day of full payment.

3. The defendant's argument as to the defendant's assertion is alleged to the purport that the defendant's husband D only borne the obligation to pay the goods while making a transaction with the plaintiff, and that the defendant is unrelated to the defendant, but it is not sufficient to recognize only the document of No. 1, and there is no other evidence to acknowledge it. Thus, the defendant'

4. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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