물품대금
1. The Defendant’s KRW 59,313,901 as well as the annual rate from May 1, 2017 to September 14, 2017, and the following.
Comprehensively taking account of the entire purport of the pleadings and arguments in this court’s fact-finding with respect to the evidence Nos. 1-1 through 8-9 of evidence Nos. 1-9 (including documentary evidence with a serial number) and the fact-finding with respect to the head of Seogu Tax Office, the Plaintiff sold goods over several times to the Defendant from April 2015 to June 2016, and the total amount of the purchase price reaches KRW 129,698,461.
The plaintiff is a person who has received reimbursement of KRW 70,384,560 among them and appropriated it for the principal.
Therefore, the remaining amount is KRW 59,313,901 ( = 129,698,461-70,384,560).
The defendant asserts that the defendant was not purchased by the defendant, but delivered goods produced by the plaintiff in response to the plaintiff's request, and only sold (entrusted sale) instead of keeping them in the defendant's warehouse.
This argument denies the facts of recognition as mentioned above, and it is also considered that the defendant did not give any reply.
Therefore, the Defendant is obligated to pay to the Plaintiff the purchase price of KRW 59,313,901 as well as damages for delay at the rate of KRW 5% per annum under the Civil Act from May 1, 2017 to September 14, 2017 (the day on which the duplicate of the complaint of this case was served) and at the rate of KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.
The initial date of calculation shall be the claim filed by the plaintiff within the scope of the termination of transaction and the damages for delay incurred by the plaintiff's demand.
The plaintiff's claim is accepted and the decision is rendered in favor of the plaintiff.