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(영문) 부산지방법원 2017.07.13 2016가단62787

물품대금

Text

1. The Defendant’s KRW 174,293,671 as well as 6% per annum from November 1, 2016 to July 13, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. (1) From December 10, 2015 to September 30, 2016, the Plaintiff supplied the Defendant with the goods equivalent to KRW 442,632,30, total of KRW 442,632,30, and the amount of the goods not paid, in total, is KRW 198,783,954.

d. However, the Defendant paid 1,490,283 won out of the amount of goods paid to the Plaintiff by means of electronic bills settlement with respect to the amount of goods before December 9, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including branch numbers for those with branch numbers) and purport of whole pleadings

B. According to the above facts, the defendant is obligated to pay the remaining goods price of 197,293,671 won (198,783,954 won-1,490,283 won) and damages for delay, unless there are special circumstances to the plaintiff.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion ① paid to the Plaintiff KRW 23 million on April 22, 2016, KRW 7.7 million on October 22, 2016, and KRW 7.92 million on November 8, 2016.

② The amount of goods paid by the Defendant to the Plaintiff via electronic bills is KRW 158,706,435.

③ Since the Defendant paid KRW 11,458,425 to B, the Plaintiff’s obligee, by subrogation of the Plaintiff, KRW 17,776,00,00 to C, the said amount shall be deducted from the price of the instant goods.

B. According to the evidence Nos. 1 and 2 as to the portion repaid in cash, the Defendant’s payment of KRW 23,00,000 on April 22, 2016, and KRW 7,700,000 on October 22, 2016, and KRW 7,920,000 on November 8, 2016. However, according to the evidence Nos. 4 and 5, the Plaintiff’s payment of KRW 7,70,00 ( KRW 7,00,000, KRW 700,000 on October 17, 2016, KRW 200, KRW 700, KRW 700 on goods supplied to the Defendant, KRW 7,700, KRW 97,00 on October 31, 2016.