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(영문) 부산지방법원 2016.11.15 2016가단3245
물품대금
Text

1. The Defendant’s KRW 11,088,200 as well as 5% per annum from June 3, 2016 to November 15, 2016 to the Plaintiff.

Reasons

The defendant registered his/her business with the trade name of "D" for the location of Busan Shipping Daegu C and five stories (Dongdong) and was subject to a disposition to revoke his/her business license as of February 23, 2016 by the head of the Busan Shipping Authority from November 16, 2015. The plaintiff supplied the defendant with food materials equivalent to 11,08,200 won to the defendant from November 18, 2015 to December 18, 2015 and was not paid the above amount by the defendant.

[In light of the above-mentioned facts, the defendant is obligated to pay to the plaintiff the amount of KRW 11,088,200 as well as damages for delay at each rate of 5% per annum under the Civil Act until November 15, 2016, which is the date following the day when the copy of the complaint in this case was served on the defendant, as follows: (a) the defendant has no dispute over the existence or scope of the obligation to perform; (b) the amount of KRW 11,08,200 as well as the amount of damages for delay at each rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the day when the judgment is rendered by the defendant until November 15, 2016; and (c) the amount of damages for delay from the next day to the day when

Furthermore, the Plaintiff asserted that the Plaintiff supplied food materials equivalent to KRW 12,693,000 to the Defendant from September 30, 2015 to November 11, 2015, and did not receive the above payment from the Defendant. However, it is insufficient to recognize that the entries in each of the subparagraphs A2 through 5, and 7 alone received food materials equivalent to KRW 12,693,00 from the Plaintiff, and there is no other evidence to acknowledge otherwise, the Plaintiff’s assertion in this part is rejected.

Therefore, the plaintiff's claim is reasonable within the above scope of recognition and it is so decided as per Disposition.

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