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(영문) 의정부지방법원 2017.08.11 2016가단114491
납품대금청구의소
Text

1. The Plaintiff:

A. Defendant A shall have full payment of KRW 17,644,00 and KRW 14,494,00 among them, and KRW 14,494,00 from July 12, 2016.

Reasons

1. Basic facts: (1) The Plaintiff is a corporation established for the purpose of the manufacture, sale, and distribution of kimchi; and (2) The Plaintiff supplied kimchi to the Defendants running restaurants, does not have any dispute between the parties.

2. Determination as to the Plaintiff’s claim against Defendant A

A. The Plaintiff asserted that, although the Plaintiff supplied kimchi equivalent to KRW 20,304,00 to Defendant A, the Plaintiff was not paid KRW 17,64,00 (= KRW 20,304,000 - KRW 2,660,000) upon being paid KRW 2,660,00 from Defendant A.

Defendant A led to confession under Article 150 of the Civil Procedure Act.

B. In conclusion, Defendant A is obligated to pay the Plaintiff damages for delay calculated at the rate of 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 12, 2016 to the date immediately after the copy of the complaint of this case was delivered to Defendant A, with respect to KRW 14,494,00, which is the day immediately after the date when the copy of the complaint of this case was delivered to Defendant A, and to pay the Plaintiff damages for delay calculated at the rate of 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 12, 2016 to the date of full payment.

3. Determination as to the plaintiff's claim against the defendant B

A. (1) The plaintiff asserts that the plaintiff supplied Kimchi to the defendant B, and that the plaintiff did not receive the total amount of KRW 3,765,000.

As to this, Defendant B claimed that Defendant B was supplied with kimchi from the Plaintiff, but only the price equivalent to KRW 1,370,000, signed and accepted by Defendant B’s employees, and that Defendant B could not respond to the Plaintiff’s claim exceeding KRW 1,370,000.

(ii).

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