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(영문) 서울남부지방법원 2016.02.04 2015나7096
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The Plaintiff supplied 27,28,000 won to the Defendant from January 10, 2009 to May 5, 2009, and the fact that the amount of the unpaid goods was 6,568,000 won does not conflict between the parties, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the amount calculated at the rate of 20% per annum from January 7, 2015 to the day of full payment, as requested by the Plaintiff, as well as damages for delay calculated at the rate of 6,568,00 won per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery of a copy of the complaint of this case, to the day of full payment.

As to this, the defendant sold 3,855,00 won to the plaintiff on credit from April 4, 2009 to October 25, 2010. Thus, the defendant asserted that the amount of goods to be paid by the defendant to the plaintiff is only KRW 2,713,00,00, if deducted from the amount of goods unpaid to the plaintiff, the amount of goods to be paid by the defendant is merely KRW 2,713,00, but it is not sufficient to recognize the above assertion by the defendant only by the descriptions of the evidence Nos. 1 to 3 (including the virtual number). Since there is no other evidence to acknowledge it, the above argument by the defendant is

2. If so, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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