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(영문) 전주지방법원남원지원 2015.07.23 2014가합374
물품대금
Text

1. The Defendant’s KRW 154,084,50 for the Plaintiff and KRW 6% per annum from July 1, 2012 to March 11, 2015.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a juristic person engaged in the meat processing business and the gold meat sales business, and the Defendant is a person operating a restaurant in the name of “B”. 2) The Plaintiff continued to supply the original products produced by the Plaintiff with the Defendant around spring 2009, and entered into a contract on the supply of the original products to settle the price monthly, and the Defendant continued to supply the original products to the Defendant from that business from that date.

3) In the process of such continuous trade, the Plaintiff and the Defendant confirmed that the amount of goods unpaid as of August 31, 2009 was KRW 41,085,50, and thereafter, the Plaintiff supplied processed original products worth KRW 476,919,000 in total to the Defendant from September 1, 2009 to June 5, 2012. (4) Meanwhile, the Defendant paid the amount of goods worth KRW 363,920,000 in total to the Plaintiff from September 2, 2009 to July 12, 2012.

[Ground of recognition] The fact that there is no dispute or the plaintiff is the applicant, each entry of Gap evidence 1 through 8 (including each number; hereinafter the same shall apply), the inquiry result of the Gwangju District Tax Office's inquiry, the purport of the whole pleadings

B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of KRW 154,084,50 [=41,085,50 won for the goods unpaid as of August 31, 2009 (476,919,000 won for the goods accrued after September 1, 2009 - the term payment of KRW 363,920,00)] and the amount of the goods payable to the Plaintiff as of July 1, 2012 that the Plaintiff seeks after the date of the payment for the goods, from July 1, 2012 to March 11, 2015, the delivery date of a copy of the application for change of the purport of the instant claim and the cause of the claim, which is 6% per annum as stipulated in the Commercial Act, and 20% per annum as of March 11, 2015, as of the next day to the date of full payment, as to the goods claimed by the Plaintiff.

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