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(영문) 서울북부지방법원 2020.11.12 2020가합20337

물품대금

Text

The defendant shall pay 54,524,392 won to the plaintiff and 12% per annum from February 11, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a merchant who produces, processes, and sells agricultural products, such as softs and Jeju Jeju Jeju Island, in a permanent city, and the Defendant is a distributor who handles agricultural products, etc.

B. From around 1997 to about 20 years, the Plaintiff was engaged in a transaction in which the Plaintiff manufactured the Defendant with Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju High School, etc., but did not issue a separate formal contract, tax invoice, etc.

C. As above, the amount of goods unpaid on the account book prepared by the Plaintiff in the course of engaging in transactions with the Defendant is KRW 616,076,00 as of the end of 2017, and the amount of goods unpaid on the account book prepared by the Defendant is KRW 575,176,860.

On July 24, 2019 and October 9, 2019, the Plaintiff, upon the Defendant’s request, suspended the payment of the price of the goods, such as Jeju Jeju Jeju Island, and requested the Defendant to pay the unpaid price of the goods. The Plaintiff responded to the purport that the Defendant would pay the Plaintiff’s price of the goods at the request.

E. Nevertheless, as the Defendant did not pay the unpaid goods, on October 23, 2019, the Plaintiff again requested the Defendant to pay the unpaid amount as soon as possible by choosing one of the 630 million won, which is the payment due on the Plaintiff’s account book, and the 570 million won, which is the payment due on the Defendant’s account book. The Defendant responded to the Defendant’s reply that “I was known,” and on November 5, 2019, the Plaintiff paid KRW 20 million to the Plaintiff under the name of the CF association operated by the Defendant as the price for the goods, such as Jeju Jeju Jeju Island.

F. On February 10, 2020, after receiving a copy of the instant complaint, the Defendant paid 20 million won to the Plaintiff as the price for goods.

[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 10 (including provisional number), Eul evidence 1, Eul evidence 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The evidence and the purport of the entire pleadings as stated in Paragraph 1 prior to the fact of recognition.