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(영문) 대구지방법원김천지원 2016.04.27 2015가단4234
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and interest rate of KRW 15% per annum from June 6, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. From January 31, 2013 to July 31, 2014, the Plaintiff supplied food materials worth KRW 117,478,400 in total.

B. From February 28, 2013 to August 29, 2014, the Defendant paid KRW 82,478,400 to the Plaintiff as the price for the above food materials.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff 35 million won (=117,478,400 won-82,478,400 won) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 6, 2015 to the date of full payment, as claimed by the plaintiff.

B. The defendant's assertion 1) asserts that the defendant set off the above food material payment claim against the plaintiff with the loan claim of KRW 35 million against the plaintiff. 2) However, in light of the fact that the issuer of Promissory Notes (No. 1-1-1) is not a White System corporation but a A, it is not sufficient to recognize that the defendant lent KRW 35 million to the White Systems Corporation. Since there is no other evidence to support this, the defendant's assertion is without merit.

3. According to the conclusion, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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