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(영문) 서울동부지방법원 2017.06.23 2016나6448
매매대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The assertion and judgment

A. In full view of the purport of the entire pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff may recognize the fact that the Plaintiff supplied the Defendant with agricultural products, such as fruits and vegetables, in total amounting to KRW 4,484,50 on two occasions on December 9, 2015 and December 16, 2015.

According to the facts found above, the defendant is obligated to pay to the plaintiff 4,484,500 won for goods and delay damages calculated at the rate of 5% per annum as stipulated in the Civil Act from December 16, 2015 to December 6, 2016, which is the date of the final decision of the first instance, which is the date of the final decision of the court of first instance, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

B. The defendant's assertion is alleged to have paid the full amount of the above goods in cash, but there is no evidence to acknowledge such payment.

The defendant's assertion is not accepted.

2. The plaintiff's claim for conclusion will be accepted on the ground of the reasons.

The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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