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(영문) 의정부지방법원 2017.07.07 2016가합52163
물품대금
Text

1. As to KRW 291,077,119 and KRW 283,305,930 among the Plaintiff, the Defendant shall annually year from January 13, 2016 to June 13, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the business of raising livestock, the meat processing business, the original sale, and the manufacture and sale of meat-processed products, and the Defendant is a company that was supplied with originals by the Plaintiff.

B. On December 26, 2014, the Plaintiff entered into a contract with the Defendant to supply the original body (hereinafter “instant contract”) and supplied the original body in an amount equivalent to KRW 2,729,484,750 from March 20, 2015 to January 12, 2016. Of that, the Plaintiff was not paid KRW 283,305,930.

C. Upon entering into the instant contract, the Defendant agreed to settle the sales price and deposit the price in cash to the Plaintiff on the next week of the date of supplying the original living things, but began to have accrued from March 27, 2015.

From March 27, 2015 to January 12, 2016, overdue interest calculated at 6% per annum under the Commercial Act is 7,771,189 won.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3 and 6, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 291,077,19 (i.e., the principal of the price of the goods paid to the Plaintiff (i.e., the amount of KRW 283,305,930 from March 27, 2015 to January 12, 2016) and the principal amount of KRW 283,305,930 from January 13, 2016 to June 13, 2017, which is the day following the day on which the transaction was interrupted, the delivery date of the copy of the application for change of the purport of the claim and the cause of the claim in this case, 6% per annum as stipulated in the Commercial Act, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is reasonable.

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