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(영문) 서울남부지방법원 2020.02.11 2019가단213683

물품대금

Text

1. The Defendant’s KRW 98,481,911 as well as the Plaintiff’s KRW 15% per annum from February 21, 2019 to May 31, 2019.

Reasons

Comprehensively taking account of the purport of each statement in Evidence A Nos. 1 through 5, the Plaintiff entered into a specific purchase transaction agreement with the Defendant, who was engaged in wholesale and retail business on April 18, 2017, with the following trade names: (a) the Plaintiff supplied the Defendant with goods equivalent to KRW 473,147,780 up to December 2, 2018; and (b) the Plaintiff was paid the price of goods of KRW 344,65,869 up to KRW 30,000; (c) the Defendant paid the Plaintiff KRW 30,000 as a security deposit to secure the payment of goods; and (d) the Defendant issued a plan to pay KRW 53,93,189 up to December 19, 2018 to the Plaintiff by December 31, 2018; and (d)4,000,000 won up to January 31, 2019;

Therefore, as of December 2018, the Defendant is obligated to pay to the Plaintiff KRW 98,481,911 (i.e., KRW 473,147,780 - KRW 344,665,869) minus KRW 30,00,000 as the Plaintiff’s deposit from the end of December 2018 (i.e., KRW 473,147,780 - KRW 34,665,869) to the Plaintiff at the annual interest rate of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from February 21, 2019 to May 31, 2019, KRW 15% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).

Therefore, the plaintiff's claim against the defendant is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.