beta
(영문) 의정부지방법원 2016.08.12 2015나11725

물품대금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion that the Plaintiff supplied fishery products to the Defendant from April 1, 2011 to April 24, 2015. The Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 16,096,000 and the delay damages therefrom.

B. According to the overall purport of evidence Nos. 1 and 2-1 through 5, the Plaintiff entered into a contract with the Defendant to supply fishery products with the company established for the purpose of wholesale and retail business, etc. of agricultural and fishery products. It is recognized that the Plaintiff supplied the Defendant with fishery products equivalent to KRW 26,419,00 from January 10, 2014 to September 19, 2014, and the Plaintiff received KRW 23,500,000 as the price of supply of fishery products from the Defendant from January 9, 2014 to February 26, 2015.

Therefore, the Defendant is obligated to pay to the Plaintiff 2,919,000 won (=26,419,000 won - 23,500,000 won) and to pay damages for delay calculated at each rate of 20% per annum under the Civil Act from July 23, 2015, which is the day following the day of service of a copy of the complaint of this case, to August 12, 2016, where it is deemed reasonable for the Defendant to dispute the existence or scope of the obligation to perform as to the Plaintiff, as requested by the Plaintiff.

[Plaintiff supplied fishery products to the Defendant from April 1, 201, which was prior to the above period. The Plaintiff asserted that the supply price that was not received from the Defendant would be KRW 16,096,000 upon adding up the supply price. However, the evidence submitted by the Plaintiff is insufficient to acknowledge it. Rather, the Plaintiff stated “0” as the balance of the balance before January 9, 2014 in the detailed statement in which the Plaintiff prepared the transaction details with the Defendant. The balance of February 26, 2015, which was the last transaction date among the above detailed statement, is “3.”