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(영문) 서울북부지방법원 2018.11.16 2017가단25021
물품대금
Text

1. The Defendant’s 68,446,00 won and the interest rate of 15% per annum from December 14, 2017 to the date of full payment.

Reasons

According to the purport of Gap evidence No. 1 and the whole arguments, the plaintiff who runs the wholesale and retail business of fishery products under the trade name of "C" may supply the defendant with fishery products, such as early and late from 2010 to December 5, 2016, which were not paid KRW 68,446,000 out of the purchase price. Thus, the defendant is liable to pay to the plaintiff damages for delay calculated at the rate of 15% per annum from December 14, 2017 to the day following the delivery date of a copy of the complaint of this case, to the day of complete payment.

(1) The Plaintiff filed a claim for the delayed payment from December 6, 2016. However, there is no evidence to acknowledge that the Plaintiff’s claim for the payment of the goods against the Defendant was due before the duplicate of the instant complaint was served. Thus, the Plaintiff’s claim for the delay payment exceeding the above recognition scope is without merit. Thus, the Plaintiff’s claim for the delay payment is justified within the above recognition scope, and the remainder of the claim is dismissed as it is without merit. It is so decided as per Disposition.

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