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(영문) 전주지방법원남원지원 2015.08.12 2015가단1100
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 24,993,950 as well as 20% per annum from June 1, 2015 to the day of complete payment.

Reasons

1. The fact that the Defendant was supplied with disturbance from the Plaintiff, and that the Defendant agreed to pay 24,93,950 won of the goods unpaid to the Plaintiff by the end of May 3, 2015, on April 3, 2015, which was after the Plaintiff’s filing of the instant lawsuit, to the Plaintiff by the end of May, 2015, is not a dispute between the parties. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 24,993,950 won and damages for delay calculated at the rate of 20% per annum from June 1, 2015, which is the day following the said payment date, to the day of full payment.

2. As to the defendant's assertion, the defendant alleged that the quality of the eggs supplied by the plaintiff was not good, and that the plaintiff supplied the disturbance without disregarding the defendant's demand for production adjustment when the defendant's demand for the disturbance was lowered, and that the plaintiff suffered loss due to the reduction or suspension of the supply of the disturbance without the defendant's criticism when the defendant's demand for the disturbance increased, but there is insufficient evidence to prove that the defendant suffered loss due to the plaintiff's negligence, and therefore, the defendant's above assertion is not acceptable.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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