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(영문) 서울동부지방법원 2015.06.26 2015가단111007
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 27,117,546 and the interest rate of KRW 20% per annum from December 12, 2014 to the date of full payment.

Reasons

Comprehensively taking account of the overall purport of Gap's statement and arguments as to the cause of the claim, the plaintiff operating the main wholesale and retail business may recognize the fact that the plaintiff sells the main wholesale and retail business to the defendant who runs the franchise business, and the fact that the plaintiff sells the main wholesale and retail business equivalent to KRW 33,608,825 won in total, including KRW 1,000,000 on September 23, 2014, ② KRW 13,611,595 won on September 24, 2014, ③ KRW 225,500 on October 22, 2014, ④ KRW 6,491,279 on October 24, 2014, ⑤ KRW 33,608,825 won on October 30, 2014.

Meanwhile, the Plaintiff is a person who received 6,491,279 won from the Defendant.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of the main payment (=3,608,825 won - 6,491,279 won) and damages for delay calculated at the rate of 20% per annum from December 12, 2014 to the date of full payment, as the Plaintiff seeks, after the last delivery date of the copy of the instant complaint.

The defendant's argument as to the defendant is proved to the effect that the plaintiff's refusal to supply the bank room to the defendant's franchise business operators on the ground that the plaintiff did not pay the bank room price to the defendant and the defendant suffered damages from the franchise business operators. Thus, the defendant's automatic claim for damages is set off against the plaintiff's claims for the payment of goods against the defendant. However, there is no evidence to prove that the plaintiff unfairly rejected the plaintiff's performance of the obligation to supply the bank room and caused damages to the defendant, the above part's argument

In conclusion, the plaintiff's claim is justified and acceptable.

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