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(영문) 창원지방법원 2019.01.24 2018나2497
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

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff is a company that operates the petroleum product sales business, etc., and the Defendant is a company that operates the special tea manufacturing business, etc. (2) The Plaintiff supplied the Defendant with goods, such as oil, from July 2, 2014 to December 19, 2016, and the Defendant continuously traded at the Plaintiff’s request after acquiring the goods. The remainder of the price of the goods that the Defendant did not pay to the Plaintiff as of January 25, 2017 is KRW 14,880,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum from July 13, 2017 to the day of full payment, which is the day following the day when a copy of the complaint of this case (a certified copy of the decision on performance recommendation) in which the Plaintiff expressed his/her intent to seek payment of the unpaid amount of KRW 14,880,000 and the amount of the unpaid amount to the Plaintiff.

2. The defendant's assertion is alleged to the effect that the plaintiff not only fabricated the supply price but also sought payment for the goods based on false goods. However, it is difficult to accept the above argument since there is no evidence to acknowledge the defendant's assertion.

3. In conclusion, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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