(영문) 수원지방법원 2020.11.05 2019가단28856

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.11.05 2019가단28856

매매대금

Text

The Defendants jointly share KRW 35,966,388 with the Plaintiff and 6% per annum from November 28, 2019 to February 3, 2020.

Reasons

1. According to the evidence Nos. 1 through 6 of the judgment as to the cause of the claim, the Plaintiff, who runs food and beverage retail business, etc., may recognize the fact that the Plaintiff jointly supplied various food and beverage materials equivalent to KRW 45,966,38 from the end of September 2019 to November 27, 2019, to the Defendants operating a restaurant with the trade name of “E Ilsan store,” and there is no counter-proof, and the Plaintiff received reimbursement of KRW 10 million among them.

According to the above facts, the Defendants are jointly obligated to pay to the Plaintiff the amount of KRW 35,966,388, and to pay damages for delay calculated at the rate of 6% per annum under the Commercial Act from November 28, 2019 to February 3, 2020, which is the day following the last delivery date of the complaint of this case, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment, unless there are special circumstances.

2. Judgment on the defendants' assertion

A. As to this, the Defendants asserted that not only the Plaintiff’s excessive claim for the price of the goods, but also the Plaintiff did not perform the agreement at a certain rate, even though they agreed to discount the price of the goods.

B. However, in light of the aforementioned evidence, the Plaintiff offered a written estimate of the price of the goods supplied prior to the supply of the goods to the Defendants, as well as the fact that each of the items stated in the evidence Nos. 1 through 4, in light of the fact that each of the items indicated the quantity, unit price, and supply price of the goods was delivered to the Defendants at each time of transaction, it is difficult to deem that the Plaintiff claims excessive payment of the goods

In addition, there is no evidence to acknowledge that the Plaintiff agreed to the Defendants at a certain rate at a discounted rate.

C. Therefore, the above assertion by the Defendants cannot be accepted.

3. Conclusion, the plaintiff's claim of this case is reasonable.

참조조문

-상법

-소송촉진 등에 관한 특례법

유사 판례

-창원지방법원 2019.04.19 2018나576

-광주지방법원 2017.05.02 2016가단25671

-춘천지방법원원주지원 2016.10.06 2016가단3736

-광주지방법원해남지원 2019.10.01 2018가단202269

-수원지방법원 2019.08.14 2019나811