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(영문) 창원지방법원진주지원 2015.07.14 2014가단12238
물품대금
Text

1. The Defendant’s KRW 26,048,00 for the Plaintiff and 6% per annum from September 1, 2013 to July 14, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a person who sells pesticides, etc. under the trade name of “C,” and the Defendant is a person who engages in wholesale and retail business of agrochemicals under the trade name of “D.”

B. From February 24, 2012 to December 22, 2012, the Plaintiff supplied goods, such as agricultural chemicals, to the Defendant. On January 8, 2013, the Plaintiff settled the unpaid amount of goods at KRW 31,048,000 and the due date for the payment of the said goods was set on August 31, 2013.

C. Around January 15, 2014, the Defendant repaid the Plaintiff KRW 5,00,000,000 to the Plaintiff, and the Plaintiff agreed to appropriate the said KRW 5,000,000 for the repayment of principal.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 26,048,00 (=31,048,000 - 5,000,000) and damages for delay at each rate of KRW 20% per annum under the Commercial Act from September 1, 2013 to July 14, 2015, which is the date the instant judgment is rendered, to the extent that the Defendant’s dispute over the existence or scope of the obligation to perform is considerable.

3. In conclusion, the plaintiff's claim against the defendant of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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