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(영문) 서울중앙지방법원 2020.07.09 2019가합570882

미수금

Text

1. The Defendant shall pay to the Plaintiff KRW 583,529,374 and the interest rate of KRW 12% per annum from August 23, 2019 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff and the Defendant entered into a supply contract of publications, etc. from around 2005 to the Defendant, and the Defendant supplied publications, etc. to the Defendant, and sold them to the Defendant at a store in Seocho-gu, Seoul, Gwanak-gu, Yeongdeungpo-gu, Guro-gu, Dongjak-gu, Dongjak-gu, Yongsan-gu, Geumcheon-gu, and Geumcheon-gu, and Geumcheon-gu. (2) The Defendant, around April 2018, prepared a written confirmation of attempted bonds and a written undertaking to perform the repayment of debt, with the amount of unpaid payment of the publications, etc. provided to the Plaintiff as of March 31, 2018.

3) On November 2018, the Defendant: (a) stated that the credit account balance as of November 13, 2018 as of November 13, 2018, among the credit sales stores on the Defendant prepared by the Plaintiff, “I have confirmed the foreign purchase amount”; and (b) subsequently, the Plaintiff supplied the Defendant with publications equivalent to KRW 48,721,640, and KRW 444,644,232, and KRW 48,686,409, and KRW 30,503, around February 2019, respectively, around April 30, 2019.

Since July 21, 2019, the credit sales account amount of the Defendant prepared by the Plaintiff is KRW 783,529,374.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 (written confirmation of attempted bonds, defendant's assertion that it was prepared by plaintiff's coercion to suspend the supply of publications, etc. without preparing it, but there is no evidence to acknowledge the above assertion), 3, 4, 8 evidence Nos. 8-1 through 15, and the purport of the whole pleadings

B. In light of the fact that the Defendant did not dispute the individual transaction details stated in the credit sales slip (No. 8 1 through 15) submitted by the Plaintiff, it is reasonable to view that the outstanding amount of the publication, etc. supplied by the Plaintiff to the Defendant is KRW 783,529,374 as of July 21, 2019.

Therefore, unless there are special circumstances, the defendant was paid to the plaintiff after July 21, 2019, out of KRW 783,529,374.