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(영문) 수원지방법원 안산지원 2018.06.28 2017가단22094
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,561,80 and the interest rate of KRW 15% per annum from November 30, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. From August 31, 2017 to October 12, 2017, the Plaintiff supplied the Defendant with agricultural products equivalent to KRW 68,874,00,00.

B. On September 12, 2017, the Defendant returned goods equivalent to KRW 13,312,200 from September 12, 2017 to October 12, 2017, including returning goods equivalent to KRW 269,00, among agricultural products supplied by the Plaintiff.

C. The Defendant paid KRW 10,000,000 to the Plaintiff on September 21, 2017, and KRW 15,000,000 on September 29, 2017.

[Reasons for Recognition] Each entry of Gap evidence Nos. 2 through 4 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the amount of KRW 30,561,80 (=68,874,000 - 13,312,200 - 25,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 30, 2017 to the date of full payment, as sought by the Plaintiff.

B. As to this, the Defendant asserted to the effect that the final settlement of the unpaid amount of KRW 26,501,80 between the Plaintiff and the Defendant’s person in charge was made, but there is no evidence to acknowledge this.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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