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(영문) 의정부지방법원 2015.10.29 2014나54831

물품대금

Text

1. Of the judgment of the court of first instance, KRW 28,310,409 against the Plaintiff and its related thereto from October 1, 2013 to October 29, 2015 against the Defendant.

Reasons

1. Basic facts

A. The Plaintiff is an enterprise that manufactures paper boxes, etc. in the 640-7, Ansan-gu, Ansan-si, the Defendant is an individual who manufactures cosmetics, etc. in the trade name of “C” in Gyeonggi-si, and Nonparty D is an individual who operates the business with the trade name of “E” at the same place as “C.”

B. The Plaintiff sold to the said D goods worth KRW 30,441,290, a sum of KRW 15,552,790 in around February 2012, and KRW 14,88,50 in around May 201 of the same year.

C. Around May 2012, the Defendant agreed on the Plaintiff’s obligation to pay KRW 30,441,290 to the Plaintiff. Accordingly, the Plaintiff changed the counterparty from that time to May 2012 to the Defendant and sold to the Defendant goods worth KRW 9,69,000 in total amounting to KRW 12,969,000, KRW 12,969,000 on July 2012, and KRW 31,94,000 on September 2012.

The Plaintiff received total of KRW 5,00,000 from the Defendant on July 5, 2012, and KRW 5,000,000 on July 9, 2012, and KRW 19,000,000 on September 6, 2012, and paid KRW 43,385,290 on September 7, 2012 (= KRW 30,41,290, KRW 31,94,000, KRW 19,000).

E. On January 4, 2013, the Defendant confirmed that the Defendant’s debt incurred in the existing transactional relationship was KRW 43,385,290, and agreed to pay the said debt equally over six months from the end of January 2013.

F. The Plaintiff received KRW 7,230,881 from the Defendant on February 6, 2013, and KRW 7,000,000 on March 20, 2013, and KRW 3,00,000 on July 12, 2013.

G. The Plaintiff sold goods worth KRW 2,156,00 to the Defendant around March 2013.

【Ground of recognition】 Each entry of evidence Nos. 5 through 10, and the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the price for the goods (=28,310,409 won as of January 4, 2013 - KRW 43,385,290 as of January 4, 2013 - KRW 17,230,81 won) and damages for delay.

B. The Plaintiff from August 2012 to September 201 of the same year, in addition to the price of the goods.