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(영문) 서울중앙지방법원 2014.11.20 2012가단5115284

물품대금

Text

1. The Defendant’s KRW 4,707,475 with respect to the Plaintiff and KRW 6% per annum from July 1, 2012 to November 20, 2014.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged by comprehensively taking account of the overall purport of the pleadings in each entry in Gap evidence Nos. 1 to 10, and each entry in Eul evidence Nos. 1, 2, 5, 6, and 7 is insufficient to decide on the above recognition, and there is no other counter-proof.

The plaintiff is a company that imports and distributes a foreign glass and glass in Korea, and the defendant operated a glass store in Yongsan-gu Seoul Metropolitan Government.

B. From August 10, 2006 to December 11, 2009, the Plaintiff supplied the Defendant with goods, such as paintings and sagles, and saves. The amount of goods unpaid as of December 11, 2009 is equivalent to KRW 7,224,800.

C. On October 20, 2009, the Plaintiff and the Defendant established a franchise store using the Plaintiff’s trade name “D” as the Plaintiff’s trade name, and entered into a franchise agreement (hereinafter “instant agreement”) with the content that the Defendant supplied and sold the goods, such as the writing license and the massage test from the Plaintiff.

The Plaintiff supplied Pursuant to the instant contract goods, such as glass and glass, from October 20, 2009 to June 30, 2012, and the amount of the goods that was currently unpaid is the remainder after deducting the amount equivalent to KRW 4,838,60, which the Plaintiff claims that the Plaintiff supplied to the Defendant during the said period from KRW 5,433,600, as seen earlier, the amount equivalent to KRW 109,200 as of July 24, 201; KRW 42,00 as of April 29, 201; KRW 443,800 as of August 2, 201; and KRW 595,00 as of August 2, 2011.

c. 2. Determination

A. (1) According to the above fact-finding on the claim for the price of goods equivalent to KRW 12,063,40,000, the Defendant is obligated to pay the Plaintiff the price of goods supplied by the Plaintiff (=7,224,800 won) and delay damages therefrom.

(2) As to the Defendant’s assertion on the completion of extinctive prescription, the Plaintiff is entitled to claim for the price of goods equivalent to KRW 7,224,80,00 in relation to the aforementioned claim.