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(영문) 서울남부지방법원 2017.04.18 2016가단247975
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 10 million and the interest rate of KRW 15 million per annum from October 13, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. On November 19, 2013, the Plaintiff concluded a contract with the Defendant for the exclusive supply of raw materials for organic farming vehicles (hereinafter “instant contract”) with the Plaintiff, and agreed to purchase the organic farming boats exported to Korea as of the end of 2011, and in relation thereto, 32 tons (hereinafter “instant raw materials”) of the organic farming boats used by the Defendant (hereinafter “instant raw materials”) (i.e., the Plaintiff supplied to the business operated by the Plaintiff, but (ii) the Defendant was to pay the Plaintiff the price for the said materials after delivery to the Defendant, and (iii) the Defendant agreed to pay the remainder KRW 300 million to the Plaintiff by November 26, 2013, and pay the Plaintiff the balance of KRW 760 million,000,000,000 to the Plaintiff as a step-by-step by submitting a later balance payment plan and normalizing the business in accordance with the said plan.

(The main contents of the instant contract are as shown in the attached Form). (b)

The Defendant paid to the Plaintiff KRW 300 million out of KRW 1 billion to 32 tons of the instant raw material to the Plaintiff until November 26, 2013, but did not pay the remainder KRW 760 million and did not purchase the instant raw material from the Plaintiff.

C. On November 5, 2015, the seizure and auction procedure for the 45 tons of the raw materials used in the Defendant’s custody was conducted on November 5, 2015, and sold to Dae Young Food Co., Ltd. for KRW 850,000,000 on June 30, 2016.

(Seoul District Court Decision 2015No. 268), d. resident support for Daegu District Court

On November 24, 2015, the Plaintiff delayed payment of KRW 760 million to the Defendant for at least three months, and sent a content-certified mail stating the termination of the instant contract on the ground that it did not purchase the instant raw material for six months, and reached the Defendant around that time.

E. Meanwhile, on July 20, 2016, after the filing of the instant lawsuit, the Defendant agreed to pay the Plaintiff the remainder of KRW 760,000,000 as stipulated in the instant contract by the end of August 2016.

A.

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