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(영문) 인천지방법원 2016.04.20 2016가단207378

물품대금

Text

1. The Defendants jointly share KRW 106,771,00 and interest rate of KRW 15% per annum from February 4, 2016 to the date of full payment.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings in each entry in Gap evidence 1-1, 2, and Gap evidence 2-5.

The defendants are running cosmetic sales business together with their husband and wife.

B. On February 13, 2015, the Plaintiff purchased cosmetics from the Defendants and paid the price in full.

C. However, on March 26, 2015, the cosmetic was found to be not a refined product, and the Plaintiff returned part of the cosmetic (106,771,000 won) to the Defendants on April 1, 2015.

On May 17, 2015, the Defendants drafted a certificate (Evidence A 1-1) stating that “The Plaintiff returned part of the cosmetics to the Defendants, and at that time the Plaintiff agreed to pay the amount of return between the Plaintiff and the Defendants, but the Defendants still did not pay KRW 106,771,000 of the amount of return.”

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendants jointly and severally agreed to pay the return price to the Plaintiff KRW 106,771,00 and, as the Plaintiff seeks, are obligated to pay damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 4, 2016 to the date following the delivery date of the original copy of the instant payment order, as the Plaintiff seeks.

B. The Defendants asserted that in the case of Defendant C, only the transaction of passbook was made in the transaction of the above cosmetics with Defendant C as a person who runs the business with Defendant B, and was not located in the supplier. However, as seen earlier, the Defendant C agreed to pay the Plaintiff KRW 106,771,00 with the Plaintiff at the time of returning the cosmetics. As such, the Defendants’ assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.