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(영문) 광주지방법원 2019.10.31 2019가합632
물품대금 등
Text

1. The Defendant’s KRW 440,539,693 among the Plaintiff and KRW 427,868,951 among the Plaintiff, shall be from January 1, 2019, and KRW 12,670,742.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs meal service facility sales business, food materials wholesale and retail business, and the Defendant is a person who operates a C Hospital (hereinafter “instant hospital”).

B. On April 4, 2017, the Plaintiff entered into a contract with the instant hospital (the Defendant) under which the Plaintiff would supply all the main food required for the operation of the instant hospital’s cafeterias (hereinafter “instant supply contract”). The details of the instant supply contract relating to the instant case are as follows.

Article 10 (Payment of Price of Goods) In principle, the defendant shall pay the price of goods to the plaintiff at the end of the following month (60 days).

Article 12(1) of the Food and Drug Safety Deposit Act (Deposit for Food and Drug Safety) provides the Defendant with a health and safety deposit amounting to KRW 200 million in order to secure damages arising from various accidents that may arise from the supply of food materials during the contract period.

(C) On June 20, 2017 and June 21, 2017, the Plaintiff paid KRW 200,000,00 to the Defendant with a deposit for sanitary safety under the instant supply contract. D. The Plaintiff supplied food materials worth KRW 569,265,562 to the Defendant from August 2017 to December 2018 under the instant supply contract. The Defendant continuously delayed payment from July 2018 to December 2018, the total amount of the deposit to the Defendant as of December 2018 was 240,539,639,639, and the Plaintiff’s supply number was 140 to 2016,207.

each entry, the purport of the whole pleading

2. Determination

A. According to the above facts of recognition as to the cause of the claim, this case is examined.

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