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(영문) 창원지방법원 2017.09.21 2017가단3782
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 45,780,957 and the interest rate of KRW 15% per annum from May 12, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. The plaintiff is a corporation that runs wholesale and retail business of livestock products, and the defendant is a person who runs B and C.

B. By November 23, 2015, the Plaintiff supplied the Defendant with goods, such as Chinese rain, Talup, and scam. The amount of the goods unpaid by the Defendant as of August 23, 2016 is KRW 45,780,957 (B 41,442,465, C4,338,492).

C. On August 23, 2016, the Defendant prepared and delivered a letter to the Plaintiff that the said amount of KRW 45,780,957 shall be paid by August 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. In accordance with the facts established prior to the determination of the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 45,780,957, and damages for delay calculated by adding 15% per annum from May 12, 2017 to the date of full payment, as the Plaintiff seeks, to the day following the day on which the duplicate of the instant complaint was served to the Defendant.

B. As to the Defendant’s assertion, the Defendant asserted that the Plaintiff cannot respond to the Plaintiff’s claim because the Defendant filed an individual rehabilitation case with the Changwon District Court 2016Da23005, which was in progress, and thus, the Defendant’s argument is difficult to accept.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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