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(영문) 수원지방법원 2020.12.09 2020가단1741
매매대금
Text

The defendant 40,224,377 won to the plaintiff and 6% per annum from November 28, 2019 to February 6, 2020.

Reasons

1. Comprehensively taking account of the evidence No. 1 and No. 6 of the judgment as to the cause of the claim, the following facts can be acknowledged: (a) the Plaintiff, at the request of the Defendant, for the purpose of food wholesale and retail business, offered the trade name of “C” from the end of September 2019 to November 27, 2019, and the price for which the Plaintiff failed to supply various food materials is 40,224,377.

According to the above facts, the defendant is obligated to pay to the plaintiff 40,224,37 won for goods and delay damages calculated at the rate of 6% per annum prescribed by the Commercial Act from November 28, 2019 to February 6, 2020 and 12% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

2. The defendant's argument regarding the defendant's assertion that the plaintiff did not comply with the discount rate, which was promised to discount the supply price at the early stage of the supply of food materials, but rather claimed the price of the goods by raising the supply price. However, there is no evidence to acknowledge this. Thus, the defendant's argument is without merit.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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