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(영문) 춘천지방법원영월지원 2017.10.18 2017가단10218
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 86,321,00, and KRW 6% per annum from January 1, 2017 to February 23, 2017, and shall be from the next day.

Reasons

Facts of recognition

The plaintiff is an agricultural partnership with the purpose of joint shipment, processing, sale, etc. of agricultural and fishery products.

On January 201, throughout December 2016, the Plaintiff: (a) supplied the Defendant, who runs a sales store of clean salt with the trade name of “B”, with the manufacturing and supply of yellow dust and yellow salt to December 201; (b) supplied KRW 75,889,00 for the year 201; (c) KRW 83,46,00 for the year 2012; (d) KRW 61,785,00 for the year 2013; and (e) KRW 78,62,00 for the year 2014; and (e) KRW 40,783,00 for the year 2015; and (e) KRW 70,010,595,00 for the year 2016.

On the other hand, the plaintiff was paid KRW 324,274,00 as the price for goods by the defendant.

[Based on the facts without dispute, Gap 1 through 9 (including a provisional number; hereinafter the same shall apply), Eul's testimony, and the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff the remaining amount of 86,321,00 won (=410,595,000 won - 324,274,000 won) and damages for delay calculated at the rate of 6% per annum under the Commercial Act from January 1, 2017 to February 23, 2017, the delivery date of a copy of the complaint of this case, and from the next day to the day of full payment, 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

In this regard, the defendant asserts to the purport that since C, which was involved in the operation of the store of the defendant, has been exclusively traded and confirmed the details thereof, the defendant cannot respond to the plaintiff's request because he did not participate therein.

According to the above evidence, it is recognized that the plaintiff made a transaction with the defendant through C participating in the defendant's store operation, and there is a lack of evidence to acknowledge the defendant's argument, so the above argument by the defendant is rejected

Next, since the defendant was only supplied with yellow 284,154,000 won and yellow c.24,274,000 won which had already been drawn up, there is no remaining amount of goods to be paid.

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