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(영문) 대구지방법원 2015.07.28 2015가단19329
물품대금
Text

1. The Defendant’s KRW 20,191,00 for the Plaintiff and 6% per annum from July 6, 2013 to April 20, 2015.

Reasons

1. Determination as to the cause of claim

A. On July 5, 2013, the Plaintiff, a person operating the medicinal gift called C, supplied medicinal gift to the Defendant who operates Daehan, and the amount of the goods unpaid by the Defendant is KRW 20,191,000.

B. According to the above facts, the defendant is obligated to pay to the plaintiff 20,191,00 won for the above unpaid goods and damages for delay at the rate of 6% per annum under the Commercial Act from July 6, 2013 to the service date of the original copy of the payment order in this case from July 6, 2013 to the service date of the original copy of the payment order in this case, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 2, purport of the whole pleadings

2. The defendant's assertion argues that since the defendant's application for rehabilitation was filed, the defendant would pay the price of the instant goods through the rehabilitation procedure.

The facts that the defendant filed an application for rehabilitation with the Daegu District Court 2015dan108 on April 6, 2015 are significant in this court. However, while the above application for rehabilitation was dismissed on June 3, 2015, the above argument by the defendant is significant in this court. Thus, the above argument by the defendant is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.

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