(영문) 광주지방법원 2019.11.01 2019가합625

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(영문) 광주지방법원 2019.11.01 2019가합625

물품대금 등

Text

1. As to KRW 709,915,217 and KRW 400,00,00 among the Plaintiff, the Defendant shall be annually from January 1, 2019 to April 10, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of food service facility sales business, etc., and the Defendant is the operator of “Dental Medical Hospital” located in Seo-gu, Seo-gu, Gwangju.

B. On April 4, 2017, the Plaintiff and the Defendant concluded a contract with the Plaintiff to supply food materials, etc. to a restaurant for oriental medical hospitals (hereinafter “instant contract”).

C. Pursuant to the instant contract, the Plaintiff paid the Defendant KRW 20 million on April 4, 2017, KRW 31, and KRW 400 million on May 31, 2018, and KRW 100 million on June 29, 2018.

According to the instant contract, the Defendant shall pay the Plaintiff the cost of food materials at the end of the month following the date of supplying food materials, and shall return the said safety deposit at the same time as the contract is terminated.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The fact that the Plaintiff supplied food materials, etc. to the Korea Oriental Medical Hospital until November 2018 is not disputed between the parties, or that it is recognized in full view of the purport of the entire pleadings as stated in the evidence No. 4-1 through No. 34, and evidence No. 4-2. According to the above facts of recognition, it is reasonable to deem that the instant contract terminated on November 2018, when the Plaintiff ceased to supply food materials, etc., and according to the above facts and basic facts, the Defendant is liable to pay to the Plaintiff KRW 400 million and delay damages, which the Plaintiff received from the Plaintiff pursuant to the instant contract.

B. Determination 1 as to the claim for the payment of unpaid food materials (A) The Plaintiff supplied food materials, etc. to Dental Medical Center from August 2017 to November 201, 2018 under the instant contract. The Defendant did not pay the Plaintiff the amount of food materials worth KRW 310,424,247.

Therefore, the defendant is liable to pay to the plaintiff the above 310,424,247 won and damages for delay.

B. The Plaintiff on January 2018

유사 판례

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