물품대금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Facts of recognition;
A. From March 25, 2019 to April 19, 2019, the Plaintiff operating a wholesale and retail business with the trade name of Eul supplied the Defendant, who runs a wholesale and retail business with the trade name of Eul, with the goods sealed above the boundaries in order to prevent the distribution disturbance from being broken.
1) On March 25, 2019, KRW 1,670,00 2) KRW 2,070,00 on March 26, 2019, KRW 3,200 on March 26, 2019, KRW 4,940,00 on March 27, 2019) KRW 2,850,00 on March 29, 2019, KRW 50 on April 22, 2019, KRW 6,806,000 on April 31, 2019, KRW 300,000 on April 31, 2019, KRW 200, KRW 00 on April 31, 2019, KRW 280,00 on KRW 80,00 on April 5, 2019, KRW 300 on April 13, 194).
B. The Defendant paid to the Plaintiff KRW 5,310,00 in total, including the amount of KRW 310,00,000 on April 10, 2019 and KRW 5,310,00 on April 17, 2019, but did not pay the remainder of KRW 24,934,00 (= KRW 30,244,000-5, 310,00).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including paper numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings
2. Determination
A. According to the above facts, with respect to 24,934,00 won for the goods unpaid to the Plaintiff and 24,401,000 won cited in the judgment of the court of first instance from April 20, 2019 which the Defendant sought after the last transaction date, dispute over the existence and scope of the Defendant’s obligation, 6% per annum prescribed in the Commercial Act from April 20, 2019 to December 19, 2019, which is the date of the judgment of the court of first instance, and 12% per annum prescribed in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, with respect to 53,000 won, it is reasonable for the Defendant to resist about the existence and scope of the Defendant’s obligation to perform from April 20, 201 to October 22, 2020, and 6% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of the day of full payment.