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(영문) 수원지방법원 평택지원 2017.02.08 2016가단44016

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 36,774,00 and the interest rate of KRW 15% per annum from May 28, 2016 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 2, 3, and Eul evidence Nos. 2 and 3 (including each number), the plaintiff supplied the defendant with food, such as agricultural and fishery products, anti-confection, and salted fish, etc., from December 30, 201 to March 5, 201; the defendant repaid the plaintiff's obligation to pay the price of the goods at any time during the transaction period with the plaintiff at the end of June 30, 2015; and the last amount of the goods that the defendant did not pay to the plaintiff remains remaining 36,774,000 won in total by paying the price of the goods to the plaintiff on June 30, 2015. Thus, the defendant is obligated to pay the plaintiff the balance of the goods price of KRW 36,774,00 and damages for delay calculated at the rate of 15% per annum from May 28, 2016 following the record that the original copy of the instant payment order was served to the defendant.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion did not receive a supply of the goods equivalent to KRW 25,99,00 from the Plaintiff out of the details of transactions alleged by the Plaintiff, and includes the amount repaid by the Defendant by means of remitting, etc. to the account in the name of the Plaintiff’s agent by June 30, 2015, the amount of the unpaid goods is merely KRW 3,037,400.

B. The judgment is based on the following: ① the purchase ledger submitted by the Defendant (No. 1) is not reflected in the statement of goods equivalent to KRW 25,99,00,00, which the Defendant asserted that the Defendant did not have been supplied by the Plaintiff; and the above KRW 25,99,00, which is reflected in the Defendant’s assertion, the Defendant’s payment of KRW 23,00,000 to the Plaintiff would result in the Defendant’s payment of KRW 3,03,000,000 to the Plaintiff; ② the Defendant still has the obligation to pay KRW 3,037,40,000 to the Plaintiff during the transaction period (the preparatory document as of January 6, 2017).