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(영문) 대구지방법원 2016.09.07 2016나729

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 and 4 as to the cause of the claim, the plaintiff engaged in the wholesale business of automobile expendable goods with the trade name of "C", and supplied the defendant with automobile expendable goods equivalent to KRW 2,298,100 by September 5, 2014, the defendant demanded inventory settlement as to the price of the goods above, and accordingly, the defendant demanded inventory settlement as to the price of the goods above, as a result, D and the plaintiff returned inventory on November 15, 2014, and confirmed that the balance of the goods was 1,637,100 won. The plaintiff received 60,000 won among them.

Therefore, the Defendant is obligated to pay to the Plaintiff 5% per annum as stipulated by the Civil Act from November 16, 2014, which is the day following the above settlement date to April 7, 2015, the delivery date of the original copy of the instant payment order from November 16, 2014; Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings until September 30, 2015; Article 3(1) of the Addenda (Presidential Decree No. 26553, Sept. 25, 2015) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015); Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015). 205

2. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.