(영문) 창원지방법원 2016.10.11 2016가단8506

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(영문) 창원지방법원 2016.10.11 2016가단8506

물품대금

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1. The Defendant shall pay KRW 23,072,50 to the Plaintiff the annual rate of KRW 15% from May 18, 2016 to the date of full payment.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings on Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 1, and 3.

On April 1, 2015, the Defendant entrusted the part of drinking beverages and services on the second, fourth and fourth floor among the buildings of the non-party company with the Quaker Qua (hereinafter “non-party company”) and entered into an entrusted operation contract with the non-party company with the profits of the non-party company.

B. The Plaintiff engaged in wholesale and retail business with the trade name of “B” supplied the Defendant with food materials equivalent to KRW 35,076,900 between December 27, 2015 and February 2, 2016, and received KRW 10,000,000 from the Defendant on January 27, 2016, and received return of the goods equivalent to KRW 2,004,40.

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff KRW 23,072,50,000, which remains after deducting the amount of KRW 10,000,000 and the return amount of KRW 2,04,40 from the amount of KRW 35,076,90, and damages for delay calculated at the rate of 15% per annum from May 18, 2016 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case.

3. Judgment on the defendant's assertion

A. The defendant alleged that a significant portion of food materials cannot be paid to the non-party company due to exercising tangible power, such as occupying the defendant's place of business, etc. on the ground that the defendant failed to achieve the sales target. However, as alleged by the defendant, even if the fact that a significant portion of food materials was discarded due to the illegal occupation of the non-party company's place of business, as alleged by the defendant, it cannot be asserted against the plaintiff. Thus, the defendant'

B. The defendant asserts that since he returned food materials equivalent to approximately four million won to the plaintiff, the amount equivalent to the above amount should be deducted from the price of the goods.

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