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(영문) 서울동부지방법원 2016.05.24 2015가단134215
약정금
Text

1. The Defendant’s KRW 40,000,000 as well as its annual 6% from November 1, 2010 to November 4, 2015 to the Plaintiff.

Reasons

According to the statements in Gap's evidence Nos. 1 through 3, the plaintiff supplied food materials, such as drillings, maws, etc. to the Dcafeteria operated by the defendant and C from around 2001, and C and the defendant prepared a cash custody certificate to the effect that on October 5, 2009, the plaintiff promised to pay 40 million won out of the above food ingredients supplied by the plaintiff to the plaintiff until the end of October 201 and delivered it to the plaintiff.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of 40 million won for food ingredients and the damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from November 1, 2010 to November 4, 2015, the service date of the original copy of the payment order in this case, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Therefore, the plaintiff's claim is justified and accepted.

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