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(영문) 대구지방법원 2016.06.21 2015가단45878
물품대금
Text

1. The Defendant’s KRW 21,100,000 for the Plaintiff and 6% per annum from May 11, 2013 to June 21, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a corporation engaged in agricultural products wholesale and retail business, and the Defendant is supplied with agricultural products from the Plaintiff in the trade name of “B.”

B. The Plaintiff supplied agricultural products to the Defendant by May 10, 2013. The remainder of the price of goods that was not paid was KRW 24,603,200.

C. On September 15, 2013, the Defendant drafted a note that the Plaintiff would pay 24,500,000 won for the unpaid goods at KRW 700,000 per month.

The Defendant repaid to the Plaintiff KRW 1 million on September 25, 2013, KRW 700,000 on October 31, 2013, KRW 700,000 on December 3, 2013, KRW 700,000 on December 3, 2013, and KRW 1 million on June 5, 2014, respectively.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 4, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 21,100,000 for the unpaid goods and the damages for delay calculated at the rate of 6% per annum under the Commercial Act from May 11, 2013, which is the date the decision of this case, which is the date of the decision of this case, which is the date of the decision of this case where it is deemed reasonable for the defendant to dispute as to the existence of the obligation or the scope thereof, and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

3. The defendant's assertion argues that the claim amount cannot be recognized since the plaintiff's manipulation of the transaction books of goods or omitted the details of the price of goods received in cash.

However, as seen earlier, the Defendant’s assertion is difficult to believe, and there is no other evidence to acknowledge the Defendant’s assertion. Thus, the Defendant’s assertion is without merit. The Defendant’s assertion is without merit, in light of the following: (a) the Defendant’s statement of payment of KRW 240,000,000 to the Plaintiff three times from September 25, 2013 to December 3, 2013; and (b) the Defendant’s statement of payment of KRW 2.4 million to the Plaintiff three times from September 25, 2013 to December 3, 2013 to the Plaintiff.

4. Conclusion.

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