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(영문) 광주지방법원 2015.01.23 2014가합8181
물품대금 등
Text

1. The Defendant: (a) KRW 228,383,194 for the Plaintiff and KRW 5% per annum from January 16, 2014 to November 19, 2014; and (b) the Plaintiff.

Reasons

1. Indication of claim;

A. The Plaintiff is a person who engages in wholesale and retail business of health functional foods, and the Defendant is a person who manufactures and sells health functional foods.

B. On November 25, 2008, when the Defendant manufactured and supplied the goods specified in the attached agreement with the Defendant, the Plaintiff entered into a product manufacturing consignment agreement that the Plaintiff purchased and sold the goods (hereinafter “instant agreement”) and supplied the Defendant with the raw and subsidiary materials of health functional foods until November 2013 under the instant agreement.

C. The Plaintiff has a claim against the Defendant in total of KRW 238,03,048,00,000,000,000,000 for the raw materials and subsidiary materials of health functional foods and for the transport fees paid by subrogation of the Defendant. Since the Defendant has a claim against the Plaintiff in total of KRW 9,619,854, the Plaintiff’s claim against the Plaintiff is 228,383,194 (=238,03,003,048 - 9,619,854).

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of the goods and transport charges, including KRW 228,383,194, and delay damages from January 16, 2014 to the day of full payment.

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts.

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