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(영문) 춘천지방법원원주지원 2016.07.13 2015가단8314

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 48,426,681 and the interest rate of KRW 15% per annum from November 24, 2015 to the day of full payment.

Reasons

1. Determination

A. There is no dispute between the parties to the judgment as to the Plaintiff’s cause of the claim, or comprehensively taking account of the overall purport of the statements and arguments in the evidence Nos. 1 and 2 as a whole, the Plaintiff is obligated to pay the Plaintiff the amount of the instant stuff 48,426,681 won and damages for delay thereof in the name of “C”, which is the trade name from June 12, 2014 to October 13, 2015, for the payment of the price to the Defendant who runs the retail business, which is equivalent to KRW 140,885,735 (hereinafter “instant stuff”), and at the end of the month following the supply. The current stuff’s amount of the unpaid goods can be recognized as a cause of 48,426,681. Thus, the Defendant is obligated to pay the Plaintiff the instant stuff 48,426,681 won and damages for delay.

B. The Defendant’s assertion and its determination (1) The Defendant’s summary of the Defendant’s assertion were as follows: (a) four persons, including D, from August 2015 to September 2, 2015, and (b) four persons, including D, and (c) the transaction between the Defendant and the said agricultural partnership was completed between the Defendant and the said agricultural partnership, by cutting off the amount of KRW 16,995,00 at the market price on which the trade name and brand owned by the Defendant was attached, and then supplying 4,500 at a low price, which was traded by the Defendant.

The defendant revoked the contract for the transaction of goods with the plaintiff on the ground of the tort violating the good faith and good faith, and returned the 15th class 17,58 strings currently kept by the defendant among the strings supplied by the plaintiff (hereinafter "the custody strings of this case"). The plaintiff confirmed that the 20,670,812 won, which is equivalent to the market price of the custody strings of this case, should be deducted from the plaintiff's price of the above goods, should be deducted.

(2) Judgment on the Defendant’s assertion is examined. A.