beta
(영문) 수원지방법원평택지원 2019.05.28 2018가단9130

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 45,627,455 and interest rate of KRW 15% per annum from January 5, 2019 to the date of full payment.

Reasons

According to each of the statements and arguments in Gap evidence Nos. 1 through 7, the plaintiff supplied goods to the defendant from around 2007 to around 2010, and the balance of the outstanding bonds remains 17,866,000 won. After establishing the plaintiff and then, the plaintiff continued transactions with the defendant while issuing a tax invoice and filing a tax return after acquiring the above outstanding bonds from D. From 2010 to around 2017, an attempted amount of KRW 28,420,455 (the claimed amount of KRW 65,00 was omitted and the claim amount of KRW 45,627,455) remains (the claim amount of KRW 45,627,455).

Therefore, the defendant is obligated to pay the amount claimed by the plaintiff within the scope of the above outstanding amount and damages for delay at the rate of 15% per annum from the day after the delivery date of a copy of the complaint of this case to the day of full payment.

In this regard, the defendant alleged that he agreed to apply the delivery price to 40 to 35 won retroactively while adjusting the delivery price. However, there is no evidence to acknowledge that the defendant agreed to apply the delivery price retroactively.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by the assent of all participating Justices.