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(영문) 수원지방법원여주지원 2017.10.25 2016가합6797
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 222,288,00 and the interest rate of KRW 15% per annum from November 29, 2016 to the date of full payment.

Reasons

If Gap evidence Nos. 1 and 2, Gap evidence Nos. 3-1 through 3, Gap evidence Nos. 4-1, 2, and Eul evidence No. 6 collected the purport of the whole pleadings, it is acknowledged that the plaintiff concluded a contract with the defendant to be supplied with cosmetics and remitted total amount of KRW 22,28,00 to the defendant around June 2016. The defendant did not supply cosmetics until now even after the defendant was paid the above goods. The plaintiff requested refund to the defendant, and the defendant did not comply with the request, and the defendant sent a certificate of contents requesting refund to the defendant on Nov. 3, 2016 and delivered it to the defendant on Nov. 3, 2016 (the defendant asserted that only introduced the contract with the plaintiff and Lee & Lee Co., Ltd.). According to the above facts, it is reasonable to view that the plaintiff requested the cancellation of the contract as including the plaintiff's declaration of intent to refund the goods.

The above commodity contract was legally rescinded by the business that the plaintiff sent to the defendant with the declaration of termination for the reason of the defendant's breach of duty under the contract. Thus, the defendant is obligated to return the above goods to the plaintiff as restitution.

Thus, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 15% per annum from November 29, 2016 to the day of full payment, as requested by the plaintiff, from the day following the delivery date of a copy of the complaint (payment order) to November 29, 2016.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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