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(영문) 창원지방법원 2015.09.25 2015가단15897
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 38,065,550 and the interest rate of KRW 20% per annum from July 31, 2015 to the day of complete payment.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 3, the plaintiff is obligated to enter into a sales contract with the defendant on December 10, 2013, and sell livestock products equivalent to KRW 621,383,710 to the defendant until July 6, 2015. Thus, the defendant, barring special circumstances, is obligated to pay to the plaintiff 38,065,50 remaining after deducting KRW 583,318,160 from the amount paid to the plaintiff at KRW 621,383,710, and to pay damages for delay at a rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 31, 2015 to the date of full payment.

On August 3, 2015, the Defendant asserted to the effect that it cannot respond to the Plaintiff’s claim because the Defendant filed an individual rehabilitation application with the Changwon District Court 2015da28423 on August 3, 2015. However, the Defendant’s claim for payment of the Plaintiff’s price and the litigation cannot be avoided solely on the ground that the Defendant filed an application

Therefore, the plaintiff's claim against the defendant is justified, and it is so decided as per Disposition.

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