beta
(영문) 서울중앙지방법원 2018.06.07 2017나79730

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion entered into an agreement with the Defendant to supply each of the goods equivalent to KRW 6,60,000 on October 4, 2016, and KRW 420,000 on December 12, 2016, but the supply of the goods equivalent to KRW 3,660,00 among them was revoked, and ultimately, the Plaintiff supplied the goods equivalent to KRW 3,360,000 (= KRW 6,600,000 - KRW 420,000 - KRW 3,6660,000). Accordingly, the Defendant is obligated to pay the price of the goods equivalent to the above amount to the Plaintiff.

B. The Defendant alleged that the goods were supplied by the Plaintiff on October 4, 2016, and the goods were not supplied to the Plaintiff on December 12, 2016, and the goods price of KRW 420,000 was paid to the Plaintiff on December 12, 2016, as well as the goods price of KRW 2,100,000 on November 7, 2016, and the goods were not supplied even after the advance payment was made. Rather, the Defendant was entitled to return KRW 2,100,000 from the Plaintiff, thus, the Plaintiff’s claim cannot be complied with.

2. In full view of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 4 through 7 (including a branch number), the Plaintiff may recognize the fact that the Plaintiff supplied goods equivalent to KRW 3,360,000 to the Defendant on October 4, 2016 and December 12, 2016.

According to the defendant's assertion of repayment, the defendant sent 10,00 won to the account in B on September 6, 2016, and 2,100,000 won to the account in C on October 5, 2016, and 2,100,000 won to the account in B on November 7, 2016, and 420,000 won to D on December 20, 206, while the plaintiff's employee was not supplied with some goods, it is recognized that the defendant urged the supply of goods, but that the defendant sent money to another person's account not to the plaintiff's account in B on September 6, 2016 is appropriated for the repayment of the price of goods to the plaintiff. Thus, this part of the defendant's assertion is without merit.

Therefore, the defendant shall pay 3,360,000 won to the plaintiff for the goods.