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(영문) 인천지방법원 2020.04.08 2019나4502
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who sells fishery products under the trade name of “C”, and the Defendant is a person who operated a daily house of “E” in Yeonsu-gu Incheon Metropolitan City D.

B. The Plaintiff entered into a fishery products supply contract with the Defendant and continued to supply fishery products.

C. The Defendant’s price for fishery products that was not paid to the Plaintiff by June 28, 2018 is KRW 15,047,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff 15,047,000 won and 15% annual interest rate under the Commercial Act from June 29, 2018 to December 6, 2018, which is the date of service of a copy of the complaint in this case, from June 29, 2018, and from the following day to May 31, 2019, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019; effective June 1, 2019); and the annual interest rate of 15% under Article 2(2) of the Addenda to the above provision from the next day to the date of full payment.

3. The plaintiff's claim should be accepted on the ground of its reasoning.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.

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