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(영문) 수원지방법원 2016.11.03 2016나8180
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

Comprehensively taking account of the purport (including the fact that there is no dispute) of the entire pleadings in Gap evidence Nos. 1 and 2, the plaintiff engaged in the distribution business of coffee, etc. with the trade name of "C", and delivered coffees to "Emart", which is a retail store of various foodstuffs, etc. operated by the defendant in Seocho-gu Seoul, Seocho-gu, Seoul, from January 8, 2013 to July 23, 2014, but it can be recognized that the defendant did not receive 2,277,180 won out of the price of supplied coffees. According to the above facts of recognition, the defendant is liable to pay the plaintiff the price of supplied coffee, 2,27,180 won, and delay damages therefrom, which are not paid to the plaintiff, unless there are other special circumstances.

As to this, the defendant alleged to the effect that the defendant was not involved in the operation of the above "Emt", which actually led to the death of alcohol, etc., and thus, the defendant does not bear the obligation to pay the price of supplied coffee. However, according to the purport of the whole pleadings, the defendant appears to have had F, who is the defendant's birth, operate the above "Emt" on behalf of the defendant during the period of hospitalized treatment, such as alcohol existence. Thus, the defendant bears the obligation to pay the price of supplied goods to the plaintiff. Thus, the above argument by the defendant cannot be accepted.

Therefore, the defendant is obligated to pay to the plaintiff 2,277,180 won and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from October 29, 2015 to the date of full payment, which is clear that it is the next day after the plaintiff's final delivery date of the plaintiff's coffee mixing with the defendant, as requested by the plaintiff.

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed on the grounds of its merit.

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