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(영문) 인천지방법원부천지원 2015.06.19 2015가단4339

물품대금

Text

1. The Defendant’s KRW 24,188,00 for the Plaintiff and 6% per annum from August 10, 2014 to January 16, 2015.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence No. 1, the fact that the plaintiff engaged in the manufacturing and wholesale of clothing with the trade name "B" was supplied to the defendant who runs the wholesale and retail business of clothing and the electronic commerce transaction business from May 8, 2014 to August 9, 2014, and that the plaintiff paid KRW 32,054,000 from the defendant as the price for goods.

According to the above facts, the defendant is obligated to pay to the plaintiff 24,188,00 won for the goods (=56,242,00 won - 32,054,00 won) and damages for delay calculated by applying each rate of 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 10, 2014 to January 16, 2015, which is the delivery date of the complaint in this case, after the plaintiff supplied the bill to the defendant.

As to this, the defendant did not issue a tax invoice for the price of the above goods.

Although the Plaintiff’s assertion that it was impossible to comply with the Plaintiff’s claim, it does not constitute a ground to prevent the Plaintiff from claiming the payment of the Plaintiff’s goods on its own account. Therefore, it is without merit without further review.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by the assent of all participating Justices.