beta
(영문) 전주지방법원 2015.11.10 2014가단42952

물품대금

Text

1. The Plaintiff’s KRW 10,082,00 for the Defendant and its related KRW 5% per annum from October 30, 2014 to November 10, 2015.

Reasons

갑 제2, 4, 5, 7, 8호증(가지번호 있는 경우 가지번호 포함)의 각 기재에 변론 전체의 취지를 더하면, 원고가 2012. 8.경부터 2014. 9. 16.경까지 B 및 원고 명의로 피고에게 합계 674,880,000원(2013년의 이월미수금을 포함)의 돈육(豚肉)을 공급한 사실을 인정할 수 있고, 피고가 원고로부터 그 중 636,798,000원을 변제받은 사실을 자인하고 있으므로, 특별한 사정이 없는 한 피고는 원고에게 나머지 물품대금 38,082,000원(= 674,880,000원 - 636,798,000원) 및 이에 대한 지연손해금을 지급할 의무가 있다.

As to this, the defendant asserts that he paid to the plaintiff KRW 28,00,000 in addition to the above KRW 636,798,000 which the defendant paid to the plaintiff on October 31, 2013, the defendant paid KRW 28,00,00 in addition to the above KRW 636,798,00 which the plaintiff paid to the plaintiff on October 31, 2013 does not dispute between the parties, and the following circumstances recognized by the whole evidence and arguments, namely, the above amount was paid during the transaction period between the plaintiff and the defendant, and when considering the above facts that the defendant was liable to pay part of the goods to the plaintiff, it is reasonable to view that the defendant paid the above amount to the plaintiff as the price for the goods. Thus, the defendant's above claim for repayment has merit.

Next, the defendant returned 2,498,600 won to the goods supplied by the plaintiff due to the defect in the goods supplied by the plaintiff, and therefore, the defendant asserts that it should be deducted from the price of the goods above. However, there is no evidence to acknowledge the defendant's assertion as to the defect, and the above argument by the defendant

Therefore, as the Plaintiff seeks, 10,082,00 won for the goods (=38,082,000 won - 28,000,000) and as sought by the Plaintiff, it is reasonable to dispute the existence and scope of the Defendant’s obligation from October 30, 2014.