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(영문) 서울동부지방법원 2016.04.15 2015가단36052
물품대금
Text

1. The Defendant paid KRW 67,362,180 to the Plaintiff and KRW 20% per annum from September 15, 2015 to September 30, 2015.

Reasons

Comprehensively taking account of the respective descriptions and arguments written by Gap 1-1, 1-2, 2-1-2, 2-1-2-10, and 3 as to the cause of the claim, the Plaintiff operating food materials distribution business may recognize the fact that the Plaintiff, who operates the restaurant, sells food materials equivalent to KRW 67,362,180 in total to the Defendant, who operates the restaurant, from October 30 to July 25, 2015.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 67,362,180 won of the above food materials and delay damages calculated by adding 20% per annum from September 15, 2015 to September 30, 2015, which is the day following the delivery date of a copy of the complaint of this case, to September 30, 2015, and 15% per annum from the following day to the day of complete payment.

(A) The plaintiff sought payment of damages for delay calculated at the rate of 20% per annum from the day after the delivery date of the copy of the complaint in this case. However, according to the amended provisions of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the plaintiff order payment of damages for delay calculated at the rate of 15% per annum from October 1, 2015, and thus, the above excess portion claim cannot be accepted). As to the defendant's assertion, the defendant, as to the judgment on the defendant's assertion, was obtained by taking the proceeds amount equivalent to the weight difference from the defendant by taking the damage claim due to the tort in the above deception into account as the automatic claim, but it is insufficient to recognize that the plaintiff by deceiving the defendant and supplied the weight to the defendant, and there is no evidence to acknowledge otherwise.

Therefore, the plaintiff's claim against the defendant is accepted within the scope of the above recognition, and the remaining claims are dismissed as there is no ground.

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