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(영문) 광주지방법원순천지원 2015.07.24 2014가단15372

물품대금

Text

1. The Defendant shall pay 84,318,300 won to the Plaintiff and 20% per annum from August 5, 2014 to the day of complete payment.

Reasons

1. According to the purport of the entire statements and arguments set forth in Gap evidence Nos. 1, 2, 4, 5, 6, and 7 (including branch numbers), the plaintiff sold fishery products, such as cryp, cryp, etc., to the defendant who operates Eul in Daegu for about 10 years as a person engaged in sales business, such as fishery products, under the trade name of "D," and the fact that the plaintiff sold fishery products and terminated the trading relationship on September 26, 2012.

2. The parties' assertion

A. Plaintiff 1) As to the trade of fishery products between the Plaintiff and the Defendant until September 26, 2012, the Defendant’s credit payment amount of KRW 84,318,300 is KRW 84,318,300. Accordingly, the Defendant is obligated to pay the Plaintiff the aforementioned KRW 84,318,300 and its delay damages.

B. Defendant 1) The Defendant, while making a transaction with the Plaintiff and fishery products, had a large amount of damage to the Defendant on the grounds that the Plaintiff supplied bad quality fishery products, etc., and terminated the transaction on July 201, and paid KRW 10,000,000 until September 18, 2011. 2) After receiving a promise from the Plaintiff, the Defendant again started the transaction on September 201, upon receiving a promise from the Plaintiff to avoid the settlement of law (the supply of bad quality fishery products refers to the deduction of the partial payment in the supply of fishery products). The Plaintiff did not recognize the portion of law if the Plaintiff sent the transaction statement stating excessive balance, and the Defendant again terminated the transaction on September 26, 2012, and the Defendant decided to dispose of the unpaid amount of KRW 15,029,500 until that time.

3. Therefore, there is no credit payment for fishery products to be paid by the Defendant to the Plaintiff, and the transaction statement submitted by the Plaintiff as evidence is only prepared by the Plaintiff.

3. Determination

A. The defendant's judgment on the amount of goods payable to the plaintiff is examined, each of the evidence mentioned above, Eul's evidence Nos. 1 and 2 (including the number of branch numbers) and witness F's testimony.