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(영문) 수원지방법원안산지원 2020.01.17 2018가단68745
물품대금
Text

1. The Defendant: KRW 27,624,211 for the Plaintiff and KRW 5% per annum from August 31, 2018 to October 8, 2018; and

Reasons

1. Basic facts

A. The plaintiff is a person who runs the wholesale and retail business of livestock products under the trade name of "C", and the defendant is a business operator of the company that operates the restaurant business of the trade name of "D" (hereinafter "the instant restaurant"), and the non-party E is a person who actually operated the instant restaurant.

B. From October 2017, the Plaintiff supplied livestock products to the instant restaurant. Upon delay in the payment of the price of the goods, the Plaintiff requested E to pay the price of the goods supplied to the instant restaurant. On May 24, 2018, the Plaintiff issued and delivered a notarial deed stating that “E pays KRW 30 million to the Plaintiff by December 31, 2018.”

C. The Plaintiff again requested E to meet the Defendant, who is the operator of the instant restaurant, and the Defendant promised on July 2018 to the effect that “The Plaintiff continues to perform the responsibilities for the price of goods supplied to the instant restaurant,” which is the Plaintiff on the job of the Plaintiff.

E. The Plaintiff beliefed the Defendant’s commitment as referred to in the preceding paragraph, supplied livestock products to the instant restaurant, and suspended the supply of livestock products as the payment was delayed.

F. Among the livestock products supplied to the instant restaurant from around October 2017 to August 11, 2018, the prices for goods not paid by the closing date of the pleadings of the instant case are KRW 27,624,211.

[Ground of recognition] Facts without dispute, Gap 1 through 9 evidence, each entry of Eul 1 evidence, witness F, witness or part of E, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, barring special circumstances, the Defendant shall pay to the Plaintiff KRW 27,624,211, which is the amount of unpaid goods, among the livestock products supplied to the instant restaurant, and as requested by the Plaintiff, 5% per annum under the Civil Act from August 31, 2018 to October 8, 2018, the delivery date of the original copy of the instant payment order, and as set forth in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

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