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(영문) 전주지방법원 2018.09.12 2018가단12393
물품대금
Text

1. The Defendant’s KRW 63,396,520 as well as 6% per annum from April 13, 2018 to April 17, 2018 to the Plaintiff.

Reasons

1. The Plaintiff supplied disturbance to the Defendant between the Defendant and the Defendant in determining the cause of the claim; the sales proceeds from the Defendant from the 1 to 15th of the current month from the 16th of the current month to the 15th of the following month; the sales proceeds from the 16th of the current month to the 15th of the following month are agreed to be paid respectively; the sales proceeds from the Plaintiff supplied to the Defendant by the 63,396,520 as of April 6, 2018, which was not paid to the Defendant by the 63,396,520 as of April 6, 2018, are either disputed between the parties, or recognized by the

According to this, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the sales proceeds of KRW 63,396,520 and damages for delay calculated at the rate of 15% per annum under the Commercial Act from April 13, 2018 to April 17, 2018, the original copy of the payment order of this case was served on the Defendant from February 15, 2018, which was due date for payment.

2. The defendant's argument as to the defendant's assertion is that since the defendant suffered business losses due to the occurrence of insects ingredients in the column supplied by the plaintiff, it is argued that the amount equivalent to the losses should be deducted from the proceeds from the sale.

However, according to the purport of the oral argument, the Plaintiff and the Defendant, at the time of around December 2017, at issue, bear round-up transportation expenses incurred by the Plaintiff in transporting the column to the Defendant in order to share the suffering from the problem. On the other hand, the Defendant is recognized to have agreed to bear the packing expenses and pay the proceeds from selling the column as it is, so the Defendant’s assertion is not acceptable.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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