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(영문) 광주고등법원 2016.03.18 2015나679
물품대금 등
Text

1. The defendant's appeal is dismissed.

2. According to the plaintiff's expansion of the purport of the claim in the trial, the defendant March 3.

Reasons

The plaintiff is a person engaged in the business of selling a sloping tag, and the defendant is a person engaged in the business of cultivating shellfish.

On May 20, 2014, the Plaintiff, around May 20, provided a new tag to the Defendant with a 200 tons load.

On June 4, 2014, the Plaintiff and the Defendant determined the terminal supply price (the token shall be KRW 2,000 per 1 km, and the small paper tag shall be KRW 2,500 per 1 km) at the “G cafeteria” located in the F Village at Suh City on June 4, 2014, and paid the price immediately after the Plaintiff supplied the paper tag to the Defendant’s aquaculture.

Accordingly, on June 4, 2014, the Plaintiff supplied the Defendant with a large paper 17,350km, small paper 11,960km, total29,310km, and total 16,490km, small paper 12,480km on June 5, 2014, total of 28,970km, total of 18,210km, small paper 14,380km, total of 32,590km on June 6, 2014, respectively.

The price for a new tag supplied to the defendant by the plaintiff is KRW 201,150,00 [104,100 = 2,500 x 32,590 g) [104,100 x 52,050 km + 16,490 km + 16,490 km + 16,210 km) + 97,050 x 2,500 x 38,820 km [2,50 x 11,960 x 12,480 x 14,380 km]].

[Grounds for recognition] According to the facts without dispute, Gap evidence Nos. 1, 2, 3, and 4 (which include each number; hereinafter the same shall apply), the testimony of witness C of the first instance trial, and the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff the amount calculated by the ratio of 20% per annum as requested by the plaintiff from July 11, 2014 to the date of complete payment, as set forth in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery date of the instant payment order, to the day of full payment.

With respect to the claim for transport cost, the plaintiff, on behalf of the defendant, excluded the vehicle from the vehicle that can transport the sloping tag sold to the defendant to the defendant's form, and set a fare of KRW 600,000 for each vehicle with the driver.

The above drivers shall pay the freight.

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