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(영문) 수원지방법원 2015.12.09 2015나19343
물품대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. Facts of recognition;

A. The plaintiff worked as the C's branch office dealing with cosmetics, and the defendant was supplied with cosmetics from May 1, 1995 to January 19, 197 by the plaintiff while serving as the seller of the above company.

B. Of the cosmetics that the Plaintiff supplied to the Defendant, the outstanding amount is KRW 1,936,300.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. Determination as to the cause of claim

A. Of the cosmetics supplied by the Plaintiff to the Defendant, the outstanding amount is KRW 1,936,300, and the interest accrued during 17 years and 1,709,800 on the above outstanding amount is KRW 3,646,00, and the Defendant shall pay to the Plaintiff delay damages from the day following the delivery date of the original copy of the instant payment order to the day of full payment with regard to KRW 3,646,00 in total and interest accrued during 1,936,30.

B. However, the facts that the Plaintiff supplied to the Defendant from May 1, 1995 to January 19, 197 are as follows: (a) the Plaintiff’s outstanding amount of 1,936,300 won is 1,709,800 won for 17 years and 8 months; and (b) as alleged by the Plaintiff, there is no ground to deem that the Plaintiff paid interest on the above outstanding amount of 1,936,300 won and 1,000,000 won for the first instance judgment from the date following the delivery date of the original copy of the instant payment order to the Plaintiff from May 1, 1995 to the date of January 15, 1997; and (c) the Defendant’s duty to pay 5% per annum from the date following the first instance judgment, which is the date of the delivery date of the original copy of the instant payment order, to the date of May 15, 2015; and (d) the Defendant’s duty to pay 25% per annum from 2036,2014.

3. If so, the plaintiff .

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