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(영문) 서울서부지방법원 2018.11.23 2017가단226011

기타(금전)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 69,421,00 to the Plaintiff (Counterclaim Defendant) and its payment from July 13, 2017 to the date of full payment.

Reasons

1. Determination on the plaintiff (Counterclaim defendant, plaintiff hereinafter)'s main claim

A. 1) The Plaintiff is a legal entity with the purpose of printing business. 2) The Defendant (Counterclaim Plaintiff; hereinafter the Defendant) is a personal business entity that plans teaching materials and designs with the trade name of “C”.

3) The Plaintiff produced the teaching materials requested by the Defendant and supplied them to the Defendant, and the Defendant made a verbal agreement to pay the production cost of the teaching materials within one month from the date of receipt (hereinafter “instant verbal agreement”).

4) According to the instant oral agreement, the Plaintiff received confirmation from the Defendant on the written estimate for each of the learning materials, and supplied the learning materials as indicated below.

On March 13, 2017, 13, 201, D 30,184,00 D 2 E 594,000 on April 28, 2017, F15,367,00 G 15,367,367,000 on May 31, 2017, H 23,276,006 6 I 6,908,000 total 91,696,0005), the Plaintiff included only the production price of KRW 15,367,00,000 on June 8, 2017, as the aggregate of KRW 15,367,00,00, KRW 106,000 on which the Plaintiff did not have any dispute over the receipt of KRW 306,07,08,07,208,000 on each of the evidence received from the Defendant (i.e., “J”).

B. In light of the facts established above, the Defendant is obligated to pay to the Plaintiff the amount of KRW 69,421,00 in the balance of the cost of manufacturing teaching materials supplied by the Plaintiff pursuant to the instant verbal agreement (i.e., KRW 91,696,00-22,275,000) and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from July 13, 2017 to the date of complete payment, as sought by the Plaintiff.

2. Judgment on the defendant's counterclaim

A. On February 24, 2017, the Defendant’s assertion 1 is substantially the same as the Plaintiff’s teaching materials published by the Defendant upon receiving the Plaintiff’s request from KK.