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(영문) 춘천지방법원강릉지원 2020.06.23 2019나774
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. Determination on the cause of the claim

A. According to the respective statements and the purport of the entire pleadings and arguments set forth in Gap evidence Nos. 1, 2, and 4 (including each number in the case of serial numbers), it is recognized that the plaintiff runs the wholesale and retail business of fishery products with the trade name of "C", and that the plaintiff supplied fishery products, such as smuggling, light, ju, ju, and blue fish, to the defendant from April 10, 2013 to March 30, 2018, and that the defendant did not pay KRW 2,413,50 among the proceeds of the fishery products provided to the plaintiff as above.

B. As to the above, the defendant's assertion that the plaintiff supplied defective tools that the plaintiff could not pay the above unpaid amount because of the plaintiff's supply of defective tools that caused the death of the death of the plaintiff or that of the new guidance, it is not sufficient to recognize the fact that there was a defect in the fishery products supplied by the plaintiff to the defendant, and there is no other evidence to acknowledge it. Thus, the defendant's assertion is without merit.

In addition, the defendant asserts that part of the price of the above fishery products overlaps with the price of fishery products that the plaintiff claims against the defendant.

However, the fact that the price for fishery products claimed by the Plaintiff in this case is the price that was incurred until March 30, 2018, in which the Plaintiff operated the business under the trade name of “C” is recognized as above. Therefore, the Defendant’s above assertion is without merit.

C. Therefore, the Defendant calculated the annual interest rate of 15% as stipulated in the main text of Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019 and enforced June 1, 2019) from May 3, 2019 to May 31, 2019, on the day following the day on which a copy of the instant complaint was served to the Defendant, as the Plaintiff’s request, at the rate of 2,413,50 won, and 12% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, from the following day to the day of full payment.

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