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(영문) 부산지방법원 동부지원 2018.06.14 2016가단14395
매매대금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,144,027 and the interest rate of KRW 15% per annum from August 30, 2016 to the date of complete payment.

Reasons

1. The Plaintiff’s determination on the cause of the claim is a wholesale market corporation established under the Act on Distribution and Price Stabilization of Agricultural and Fishery Products (hereinafter “Agricultural and Fishery Products Act”), which is engaged in the business of consignment sale of agricultural products, incidental business thereto, and other distribution of agricultural products by moving into the Busan-Yan Livestock and Fishery Products wholesale market. The Defendant entered into an agreement on the trading of agricultural products with the Plaintiff and the intermediary wholesaler (hereinafter “instant transaction agreement”) around December 6, 2013 after obtaining permission to operate an intermediary wholesaler business under the Agricultural Products Protection Act and entered into the said agreement on the trading of agricultural products in the wholesale market. The Defendant continued to participate in the Defendant’s auction from around the time of entering into the instant transaction agreement to November 2015 and engaged in trading of agricultural products. The Plaintiff’s claim on the price of goods against the Defendant following the said transaction does not conflict between the parties, or can be acknowledged by comprehensively taking into account the purport of the evidence set forth in subparagraphs 1 and 2.

According to the above facts, the Defendant is obligated to pay to the Plaintiff unpaid agricultural products KRW 50,144,027 and damages for delay calculated at the rate of 15% per annum from August 30, 2016 to the date of full payment, which is the day following the delivery date of the original copy of the instant payment order, to the day of full payment, barring special circumstances.

The defendant asserted to the effect that C auctioneer who had been employed by the plaintiff at the time, shall not include the above KRW 35,326,113 in the transaction price for the defendant's trade since he participated in several auctions held by D intermediary wholesalers on January 2015, which was used by the defendant, and received the successful bid of the total amount of KRW 35,326,113.

2.(b)

In light of the circumstances described in the Sheet, C had the Defendant explicitly impliedly consented to allowing the use of the wireless responding appliance used by the Defendant E.

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