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(영문) 대구지방법원 김천지원 2018.02.01 2017가단4924
공급대금
Text

1. The Defendant shall pay to the Plaintiff KRW 52,671,300 and the interest rate of KRW 15% per annum from November 1, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract for the supply of entrusted meals with the Defendant, and supplied the same from around 2015 to the Defendant.

B. The Defendant did not pay KRW 52,671,30,00 in total among the prices of meals provided from December 2, 2016 to October 2017, and KRW 52,671,30 in total among the prices of meals provided from December 2, 2016 and the prices of January 1, 2017.

[Evidence Evidence] Facts without dispute, entry of Gap evidence 1 to 4, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 52,671,300 won unpaid and delay damages calculated at the rate of 15% per annum from November 1, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

In regard to this, the defendant defense that he paid KRW 28,049,320 to the defendant. However, the plaintiff claims the remainder after deducting the amount paid from the defendant, and there is no evidence to find that the defendant paid the unpaid amount. Thus, the defendant's defense is without merit.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition by admitting it.

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