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Reasons
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(영문) 대구지방법원서부지원 2017.09.06 2016가단20828
임직료 등
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1. The Defendant’s KRW 25,939,620 as well as the Plaintiff’s annual rate of KRW 6% from December 8, 2016 to September 6, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a personal business entity engaged in fiber processing and chroding with the trade name of “C,” and the Defendant also engages in textile business.

B. Around September 2016, the Plaintiff entered into an original processing contract with the Defendant that the Plaintiff processed the original group requested by the Defendant and supplied it to the Defendant.

(hereinafter “instant contract”). C.

Since then, the Plaintiff processed and supplied the original group requested by the Defendant pursuant to the instant contract. The original group supplied by the Plaintiff to the Defendant is total of KRW 13,938 and its processing cost is KRW 61,002,850.

However, on October 31, 2016, the Defendant paid the Plaintiff a total of KRW 5 million on October 31, 2016, KRW 4.2 million on August 8, 2016, KRW 25 million on November 9, 2016, KRW 14.7 million on November 11, 2016, and did not pay the remainder at the time. On November 11, 2016, the Defendant confirmed that the balance of the unpaid processing amount under the instant contract was KRW 46,102,850 on the Plaintiff’s request, and prepared and delivered the following “written confirmation of rejection and performance” to the Plaintiff by November 30, 2016:

(hereinafter referred to as “the instant letter of payment”). Amount (hereinafter referred to as “the balance”): 46,102,850 won - 2,091,250 won for the due date of deduction: November 30, 2016, the Defendant undertakes to comply with the following provisions in relation to the payment of the price of the goods in trade with the Plaintiff on November 30, 2016.

1. The above amount shall be paid by the date of payment;

2. Where the payment is not made by the due date, overdue interest (25% per annum) shall be additionally paid from the following day to the date of full payment.

Matters of special agreement

5. Consent to the provisional seizure of the defendant's property, if it is necessary to secure the plaintiff's claim even before the due date.

6. If the payment is not made by the due date, there is no objection against any provision of the Plaintiff.

E. The Defendant’s letter of payment in this case.

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