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(영문) 서울중앙지방법원 2016.09.22 2016나6612
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. Basic facts

A. The Plaintiff, a fishery products wholesaler, supplied goods to D who operates “C” and supplied goods to the Defendant after the Defendant acquired the “C” on July 2013.

B. The remainder of the price of goods, such as brus, supplied to the Defendant from August 23, 2014 to March 26, 2015, is KRW 16,235,00 as of May 9, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The assertion and judgment

A. According to the above facts, the defendant is obligated to pay to the plaintiff 16,235,00 won in the balance of the price of goods and damages for delay calculated at the rate of 6% per annum under the Commercial Act from May 10, 2015 to September 5, 2015, which is the day following the base date for calculation, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

B. The Defendant, even for the portion for which the Plaintiff did not supply the goods to D, received unjust enrichment, and accordingly, asserted that the balance of the goods price is merely KRW 2,746,50,00 if settled the amount, but it is insufficient to recognize the above assertion solely on the evidence No. 1.

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

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