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(영문) 청주지방법원 2016.03.09 2015가단114210
물품대금
Text

1. The Defendant’s KRW 55,269,830 and its portion among the Plaintiff

(a) From November 26, 2014, for KRW 48,649,70:

B. 6,620.

Reasons

1. Indication of Claim: A personal entrepreneur who manufactures and sells synthetic resin, spread and crushing goods, etc. with the trade name of “B”, and the Defendant is a legal entity that is supplied with goods from the Plaintiff and sells them.

From October 1, 2013, the Plaintiff continued to supply mincated products and minc scraps to the Defendant in accordance with the goods supply contract with the Defendant, and the Defendant accepted them.

The Plaintiff issued a tax invoice and demanded the Defendant to pay the amount of the goods whenever the goods are supplied.

The Plaintiff filed a claim with the Defendant for KRW 101,844,160 as a transaction of goods from October 5, 2013 to December 14, 2013, but the Defendant did not pay the remainder of KRW 48,649,70 to the Plaintiff with only KRW 53,194,460.

On November 10, 2014, the Plaintiff sent a certificate of content to the Defendant and notified the payment of the price of KRW 48,649,700 to November 25, 2014.

On October 28, 2015, the Defendant again requested the supply of goods, and the Plaintiff supplied goods from October 28, 2015 to November 10, 2015, and thereafter requested payment of KRW 13,792,680 on November 13, 2015 by issuing a tax invoice for the supply of goods.

However, the defendant did not pay KRW 6,620,130 out of the above KRW 13,792,680.

As such, the Defendant is obligated to pay to the Plaintiff the outstanding amount of KRW 48,649,70 from October 5, 2013 to December 14, 2013, as well as damages for delay from November 25, 2014 to November 10, 2015, the outstanding amount of KRW 6,620,130 from October 28, 2015 to November 10, 2015, and damages for delay from November 11, 2015, the following day after the Plaintiff requested performance.

Accordingly, with respect to the amount of KRW 55,269,830 and the amount of KRW 48,649,70 among them, the Plaintiff shall promote the litigation from November 26, 2014 to November 6, 2015, from November 6, 2015 to January 6, 2016, the delivery date of a copy of each of the complaint in this case, and from the following day to the full payment date.

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