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(영문) 서울중앙지방법원 2018.07.26 2018가합533329

물품대금

Text

1. As to KRW 202,652,70, and KRW 200,00 among them, the Defendant shall pay to the Plaintiff the year from March 6, 2018 to April 20, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaging in steel wholesale retail business, and the Defendant is a company engaged in the manufacturing business of structural metal board products.

B. The Plaintiff supplied steel to the Defendant. The method of paying steel price, when the Plaintiff supplied steel to the Defendant in the month, the Defendant decided to pay the amount to the Plaintiff at the end of the following month.

C. Of the steel prices supplied as of October 2017, the Defendant stated in the application for payment order that “the steel prices that the Defendant should pay on the last day of October 2017” was “the steel prices that the Defendant should pay on the last day of October 2017.” However, in light of the entries in subparagraphs 1 through 3 and the amount of damages for delay up to March 5, 2018 for this part claimed by the Plaintiff, it appears to be a clerical error.

The Plaintiff’s KRW 72,91,710, which was supplied as of November 2017, stated in the application for payment order as “the steel price that the Defendant shall pay on the last day of November 2017,” but it appears to be erroneous in light of the respective statements in subparagraphs 1 through 3 and the amount of damages for delay until March 5, 2018 for this portion claimed by the Plaintiff.

The Plaintiff did not pay the sum of KRW 200,000,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. Determination

A. According to the above facts, the Defendant stated to the Plaintiff as follows: ① KRW 127,08,290 of the steel price for October 1, 2017 and the following day following the due date for the payment thereof; however, on December 1, 2017, the Plaintiff claimed KRW 127,008,290, which was not paid out of the steel price supplied to October 2017, and damages for delay, and thus, it appears to be a clerical error.

From October 2017 and November 2017, to March 5, 2018, the Plaintiff sent to the Defendant a content-certified mail (Evidence A 3) seeking payment of each steel payment from the date following each payment date to March 5, 2018.