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(영문) 창원지방법원밀양지원 2020.05.15 2019가합66
물품대금
Text

1. The defendant's KRW 331 million and its 6% per annum from January 9, 2020 to May 15, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that engages in feed wholesale and retail business, etc., and the Defendant is a person who engages in snick-snicking business with the trade name “C”.

B. From March 8, 2016 to March 26, 2019, the Plaintiff supplied the Defendant with sniven feed. The amount of goods the Defendant is obliged to pay to the Plaintiff was KRW 510,42,00 as of March 26, 2019.

C. On April 24, 2019, the Plaintiff filed the instant lawsuit against the Defendant for the payment of KRW 510,422,00 for the goods price and damages for delay thereof, and the duplicate of the said complaint was served on the Defendant on May 7, 2019.

On January 8, 2020, the Defendant paid to the Plaintiff KRW 200,000,000, which is pending in the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The defendant is obligated to pay the above goods price and delay damages to the plaintiff on January 8, 2020, and the defendant paid 200,000,000 won to the plaintiff on January 8, 2020, and the plaintiff is entitled to pay 200,000,000 won to the above goods price and delay damages.

On the other hand, it is clear in the calculation that the defendant's payment of KRW 200,00,000 is insufficient to extinguish all the goods price and damages for delay. The above KRW 200,000,000 is appropriated in the order of statutory appropriation of performance under Article 479 (1) of the Civil Act, as shown in the separate sheet of calculation of appropriation amount, since there is no agreement or designation between the plaintiff and the defendant as at the time of payment.

Therefore, barring any special circumstance, the defendant's appeal against the remaining price of KRW 331,06,231 as well as damages for delay calculated by the ratio of 6% per annum under the Commercial Act from January 9, 2020, which is the date of this decision, to May 15, 2020, and 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

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