logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.12.02 2020나311488
제직료 청구의 소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. According to the overall purport of each of the statements and arguments in Gap evidence Nos. 1 through 4 (including paper numbers) as to the cause of the claim, the plaintiff engaged in the textile manufacturing business with the trade name "C" from July 2019 to August 31, 2019, sold the fiber upon the defendant's request that he/she engaged in the fiber manufacturing business with the trade name "D". The defendant can recognize the plaintiff the fact that he/she did not pay KRW 5,83,816 out of the price of the textile removal for the above period.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 5,83,816 won due and delay damages calculated at the rate of 6% per annum under the Commercial Act from September 1, 2019 to November 15, 2019, which is the day following the delivery date of a copy of the complaint in this case, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. Judgment on the defendant's assertion

A. The Defendant asserted that the Defendant sought to the Plaintiff the Plaintiff as to whether “the Defendant had entered into a contract with E Company on February 16, 2019, and whether it is possible to complete work by the due date,” and that the Plaintiff promised to comply with the due date.

However, according to the delivery by the plaintiff around August 2019, the defendant was unable to supply after the expiration of the payment period, and the above textile was treated at low prices in inventory.

As a result, the Defendant suffered a large amount of damage and closed the business on December 2019. Rather, the Defendant should receive 18.2 million won from the Plaintiff as compensation for damages (i.e., inventory management - KRW 16 million - KRW 5.8 million).

B. We examine the judgment, and there is no evidence to acknowledge the defendant's above assertion, and the defendant's above assertion is without merit.

In addition, even according to the defendant's assertion, the defendant paid KRW 2,331,311 to the plaintiff on September 11, 2019. Thus, the defendant suffered a significant loss due to the delay in the payment period of the plaintiff as alleged above.

arrow