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1. The Defendant shall pay to the Plaintiff KRW 24,131,290 as well as 20% per annum from January 25, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is a company that runs the feed sales business with its head office in 280, Yecheon-si, Chungcheongnam-si, and the Defendant is a person who operates the Gyeyang-si in the trade name of “B”.
B. In the event that the Plaintiff supplies the mixed feed to the Defendant, the Defendant produced eggs using the mixed feed provided by the Plaintiff, and made a transaction by way of settling the remainder after deducting the mixed feed cost, etc. from the sale proceeds after the Plaintiff received a disturbance from the Defendant and sold the eggs by proxy, and then the Plaintiff made a settlement to the Defendant.
C. Meanwhile, the plaintiff sent to the defendant every month a purchase ledger (Evidence A No. 4) by arranging the transaction relations between the plaintiff and the defendant.
[Ground of recognition] Unsatisfy, entry of Gap evidence 4, purport of whole pleadings
2. The allegations and judgment of the parties
A. The Plaintiff’s assertion by the parties: by June 30, 2012, the Plaintiff supplied the Defendant with the mixed feed and the amount not settled as the sales proceeds of the valley supplied by the Defendant reaches KRW 24,131,290.
Therefore, the defendant is obligated to pay to the plaintiff 24,131,290 won for the mixed feed price and delay damages.
Defendant: The Defendant was damaged by the Plaintiff’s negligence during the column provided to the Plaintiff, and the value of the disturbance destroyed by the Plaintiff’s negligence should be deducted from the amount of the mixed feed feed that the Defendant pays to the Plaintiff. The amount reaches KRW 23,551,170.
However, as above, it is recognized that the amount of the remaining mixed feed is 24,131,290 without considering the column value to be deducted from the mixed feed price.
B. As there is no dispute between the parties that the mixed feed price that the Defendant failed to pay to the Plaintiff is 24,131,290 won, the Defendant shall serve the Plaintiff with a copy of the instant complaint as sought by the Plaintiff, barring special circumstances.