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(영문) 서울남부지방법원 2016.01.19 2015가단23134
물품대금
Text

1. The defendant's KRW 166,400,000 for the plaintiff and the same year from May 22, 2015 for the plaintiff

9.30.A year of 20% per annum; and

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 5 (including serial numbers), the plaintiff entered into a contract for discretionary processing with the defendant at a unit price of KRW 8,800,000 on two occasions on November 30, 2014, and produced KRW 8,000, and Chapter 343 of the above heading 8,000, the defendant denied the conclusion of a contract for discretionary processing with the plaintiff without supplying the labels, and the plaintiff is under custody without any choice. The remaining crowdfundings are supplied to the defendant (the first defendant supplied 8,00 Belgium to the plaintiff, but 343 of them were used for other products ordered by the defendant at the defendant's request).

[The other party who entered into the contract with the plaintiff is not the defendant but the defendant, and submitted a written confirmation (Evidence No. 5) prepared by A as a witness, and submitted a written confirmation (Evidence No. 5) to A as a witness. However, in light of these circumstances, A was not present at the designated examination date without any justifiable reason. In addition, the defendant's assertion or written confirmation cannot be trusted at all. The defendant asserts that the contract for the discretionary processing (Evidence No. 2) submitted by the plaintiff was made by requesting the plaintiff to prepare it for himself/herself for the sake of his/her own financing, but there is no evidence to prove the above facts of the defendant's assertion, and the plaintiff also received KRW 80,000,000 out of the above contract price for the discretionary processing.

Thus, the defendant's remaining processing costs of KRW 166,40,000 (i.e., KRW 8,000 x 30,800 - KRW 80,000) and its remaining processing costs after the due date for the payment of the full processing costs, which is the day on May 22, 2015 (the day following the day on which the complaint of this case was served to the defendant) which the plaintiff seeks, as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

9. 20% per annum for the 30.30. and 15% per annum from the next day to the day of full payment.

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