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(영문) 서울중앙지방법원 2016.09.28 2016가단26271
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 24,270,650 as well as 15% per annum from February 5, 2016 to the day of complete payment.

Reasons

1. The party's assertion and judgment

A. The Plaintiff asserted by the parties shall supply the Defendant with fishery products, etc. equivalent to KRW 29,875,00 from November 16, 2015 to January 5, 2016, and claim payment of KRW 5,604,350 among them, and the remainder amount of KRW 24,270,650 and damages for delay.

As to this, the Defendant asserted that: (a) the Plaintiff was supplied with fishery products equivalent to KRW 5,604,350 on December 10, 2015 by the Plaintiff; and (b) the Plaintiff was supplied with goods from the Japanese Integrated Food Co., Ltd.; and (c) the Plaintiff’s claim.

B. In full view of the overall purport of the pleadings as a result of the order to submit tax information to the head of both tax offices and the witness B’s testimony, as a whole, the Plaintiff can acknowledge that the Plaintiff supplied the Defendant with fishery products, etc. equivalent to KRW 29,875,00,00 from November 16, 2015 to January 5, 2016. Thus, the Defendant is obligated to pay the Plaintiff damages for delay calculated at the annual rate of KRW 24,270,650 ( KRW 29,875,000, KRW 5,600, KRW 5,600, KRW 5,600, KRW 5,600 ( KRW 5,604,350), and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 5, 2016 to the date following the day when the copy of the instant complaint was served to the Defendant.

(1) The Defendant asserted that the Plaintiff supplied fishery products from November 16, 2015 to January 5, 2016, when the Plaintiff supplied fishery products, was supplied with fishery products from another company. However, the Defendant’s assertion is rejected on the ground that the Plaintiff’s claim of this case was insufficient to reverse the fact of recognition solely with the statement of evidence Nos. 10 through 17.

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