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(영문) 수원지방법원 2019.07.10 2019가단6412
음식대금
Text

1. The Defendant’s KRW 29,194,788 as well as the Plaintiff’s annual rate from September 1, 2018 to March 22, 2019.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 and 2 of the judgment as to the cause of the claim, the Plaintiff is a person operating a restaurant with the trade name of “D”, the Defendant is a company performing reinforced concrete construction (hereinafter “instant construction”) among the E-works in Mosung, the Plaintiff and the Defendant entered into a contract with the Plaintiff on January 2018 that the Plaintiff shall provide meals to the construction workers belonging to the Defendant, and the Defendant shall pay the food cost to the construction workers belonging to the Defendant. The Plaintiff provided meals to the construction workers belonging to the Defendant from February 2018 to July 20 of the same year, and the unpaid food cost reaches KRW 29,194,788.

According to the above facts, the defendant is obligated to pay to the plaintiff 29,194,78 won for food unpaid to the plaintiff and damages for delay calculated at each rate of 12% per annum under the Civil Act from September 1, 2018 to March 22, 2019, the delivery date of a copy of the complaint in this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (the statutory interest rate prior to the amendment of the provisions on the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings until May 31, 2019), and from the following day to the date of full payment (the statutory interest rate after the amendment of the above provisions) under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

2. Judgment on the defendant's assertion

A. The Defendant asserted that the Plaintiff’s electronic tax invoice was issued on August 31, 2018 and revoked it, and thus, the Defendant waived the claim for the amount of unpaid food costs. However, the Defendant cannot be deemed to have waived the claim for the amount of unpaid food costs only for such reasons.

Therefore, the above argument is without merit.

B. The Defendant’s debt incurred not later than July 31, 2018, when concluding an agreement with the FF Co., Ltd., which was awarded the instant construction project as of July 31, 2018, upon entering into a contract with the FF Co., Ltd. on the said construction project, is FF Co., Ltd.

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