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(영문) 인천지방법원부천지원 2015.09.01 2015가단5578
물품대금
Text

1. The Defendant’s KRW 54,938,682 as well as the Plaintiff’s KRW 6% per annum from November 22, 2014 to February 6, 2015.

Reasons

The Plaintiff is an individual entrepreneur who runs a gymnasium and other food wholesale and retail business with the trade name of “B,” and the Defendant is a corporation that runs a manufacturing business and a bread business, and the Plaintiff supplied the Defendant with the food ingredients for fruits and bread. As of November 21, 2014, the fact that the outstanding amount was 54,938,682 does not conflict between the parties.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of 54,938,682 won for the unpaid goods and damages for delay calculated at each rate of 6% per annum under the Commercial Act from November 22, 2014 to February 6, 2015, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of complete payment, as requested by the plaintiff.

In regard to this, the defendant asserted that ① while a transaction with the plaintiff was underway with the plaintiff, the plaintiff unilaterally suspended the supply of the remaining goods at the time of demanding the payment of the price for the goods, and ② the price of the goods supplied by the plaintiff was somewhat low in comparison with other companies, and thus the plaintiff did not reach an agreement on the price reduction, but it is insufficient to deem that the plaintiff's price is excessive in light of the transactional concept or the good faith principle. Thus, the defendant's argument is rejected.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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