beta
(영문) 서울남부지방법원 2016.11.15 2016가단208451

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 31,00,000 and interest rate of KRW 15% per annum from March 10, 2016 to the date of complete payment.

Reasons

1. The fact of recognition is that the Plaintiff: (a) based on the third order sheet issued by the Defendant (hereinafter referred to as “the first order sheet”; (b) October 14, 2015, the second order sheet (Evidence A No. 1-2); and (c) October 21, 2015, the third order sheet (Evidence A-1-3) issued by the Defendant is called “the third order sheet”; and (d) the first through the third order sheet in total amount of KRW 31,003,000,000 (hereinafter referred to as “each order sheet in this case”) via three times around October 2015, the Plaintiff entered into a contract with the Defendant’s head office and the Defendant for the event agency (hereinafter referred to as “the bank, etc. in this case”).

supplied to the office, etc. of the Party A [based on recognition] without dispute, Gap evidence 1, 2, 7, 11 (including paper numbers, hereinafter the same shall apply]

each entry, the purport of the whole pleading

2. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff supplied the instant bags, etc. in accordance with the goods supply contract with the Defendant. As such, the Defendant is obligated to pay 31,003,000 won for the goods and delay damages therefrom to the Plaintiff.

B. The Defendant’s argument that each of the instant orders was merely issued for the convenience of business, and the Defendant did not conclude a contract with the Plaintiff for the supply of goods with respect to the instant bags, etc., and the Plaintiff concluded a contract for the supply of goods with IMD that entered into with the Defendant for the exercise agency services and delivered the said bags, etc., thus the Plaintiff’s argument

3. In light of the following circumstances, the Plaintiff and the Defendant expressed their intent of offering and accepting the instant bank supply, etc., in light of the absence of dispute between the parties or the written evidence Nos. 1, 2, 7, and 11 as a whole, the parties to the goods supply contract on the instant bank, etc. are the Plaintiff and the Defendant.

Therefore, the defendant shall pay 31,003,000 won to the plaintiff as well as the plaintiff.