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(영문) 의정부지방법원고양지원 2017.09.20 2017가단81249

물품대금

Text

1. The defendant shall deliver to the plaintiff movable property listed in the attached Table attached hereto.

2. The delivery of the above movables is impossible.

Reasons

1. Basic facts

A. In the name of “C”, the Plaintiff, a personal business entity engaged in the stuffing and packaging production and printing-related business, entered into a goods transaction contract with the Defendant who runs the personal business under the trade name of “D,” and, from November 1, 2016 to January 17, 2017, supplied the Defendant a total of KRW 154,093,50 (i.e., value-added tax of KRW 140,085,000, value-added tax of KRW 140,000,000) to the Defendant according to the Defendant’s order (hereinafter “instant movable property”).

B. However, even until now, the Defendant did not pay the price of the instant movable property to the Plaintiff. Accordingly, the Plaintiff expressed his/her intent to cancel the instant goods transaction contract by serving the copy of the instant claim and the application form for modification of the cause of the claim. A copy of the instant claim and the application form for modification of the cause of the claim were lawfully served on the Defendant on June 19, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, entry of No. 6-1 to 3, purport of whole pleadings

2. According to the facts of the judgment as to the cause of the claim, the above goods transaction contract was lawfully rescinded. Thus, barring any special circumstance, the defendant is obligated to deliver to the plaintiff the movables of this case to its original state, and if it is impossible to enforce the above goods delivery, the defendant is obligated to pay to the plaintiff the remaining money after deducting the value of the movables of this case from the above 154,093,50 won.

3. On the judgment of the defendant's assertion, since the defendant must deliver at least 10,00 won per item at the time of the above goods transaction contract, the defendant agreed that half of the inventory value should be responsible for the plaintiff in the event of inventory, and there remains inventory equivalent to 70,000 to 80,000 won in the present large scale, so half price shall be borne by the plaintiff, and the plaintiff shall bear the name of the plaintiff in the supply of the above goods and at least two months.