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(영문) 대전지방법원서산지원 2016.02.02 2015가단8591
음식대금
Text

1. As to KRW 23,464,100 and KRW 17,792,50 among the Plaintiff, the Defendant shall be from September 10, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates a restaurant business under the trade name B.

B. The Plaintiff entered into a food supply contract with the Defendant and provided food including drinking water, etc. to the Defendant’s father from June 1, 2015 to September 24, 2015.

C. However, the Defendant did not pay to the Plaintiff KRW 8,51,400 for food for July 2015, KRW 9,241,100 for food for August, and KRW 5,671,60 for September (from September 1, 2015 to September 24, 2015).

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including each number for a case with a serial number), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiff the amount of KRW 23,473,50 (i.e., KRW 8,551,400, KRW 9,241,100, KRW 5,671,60) and the amount of KRW 17,792,50, which is the 7,800,000, which is the 15% annual interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 10, 2015 to the date of the delivery of the original copy of the payment order in this case, and to pay damages for delay from September 25, 2015 to the date of full payment; and to pay damages for delay from September 25, 2015 to the date of full payment; and to pay damages for delay from September 25, 2016 to the date of this judgment.

B. On September 7, 2015, the Defendant asserts that, upon the Plaintiff’s request on September 7, 2015, the Defendant did not have a duty to pay the said money to the Plaintiff.

According to the statement in Eul evidence No. 2, it is recognized that the defendant prepared a written consent to the direct payment of the plaintiff to C with respect to food costs of July 8, 200.

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