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(영문) 광주지방법원순천지원 2019.06.13 2018가단6963

물품대금

Text

1. The defendant shall pay 34,00,000 won to the plaintiff and 15% per annum from September 4, 2018 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion was produced and supplied to the Defendant a draft of various printed and promotional materials, etc. requested by the Defendant from May 2015 to April 2018. As such, the Defendant shall pay KRW 46,551,100 to the Defendant.

Meanwhile, from August 25, 2016 to December 29, 2017, the Plaintiff lent a total of KRW 44 million to the Defendant, and repaid KRW 10 million among them, the Plaintiff shall pay the remainder of KRW 34 million.

B. 1) Determination 1 on the claim for the price of goods: (a) No. 1 (the specification of claim for the amount of money for trial and delivery) was only the data prepared by the Plaintiff, and there was no ground to deem that the Defendant confirmed it every time it was supplied to the Defendant; and (b) even according to the witness C’s testimony being employed as an employee of the Plaintiff, the Defendant became aware of the Plaintiff’s specific claim amount at the time of the filing of the instant lawsuit. Meanwhile, according to the evidence No. 1-1 through No. 4 of the evidence No. 1-4, it is confirmed that the Defendant already transferred part of the money to D, who is the representative of the Plaintiff, for the purpose of “A Advertisement”. Considering these circumstances, it is insufficient to acknowledge that the evidence submitted by the Plaintiff alone, and there is no other evidence to acknowledge that the Plaintiff agreed that the Defendant would pay the above amount to the Plaintiff. Accordingly, this part of the Plaintiff’s claim is not acceptable).

3 In accordance with the theory of lawsuit, the defendant is liable to compensate the plaintiff for damages calculated at the rate of 15% per annum from September 4, 2018 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case, as the plaintiff seeks.