beta
(영문) 광주지방법원 2020.07.08 2019나62962

물품대금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff’s assertion: (a) an entrepreneur who supplies household goods, such as interest payments, plates, and mixtures, supplied the Defendant with household goods by July 1, 201; and (b) did not receive KRW 80,539,500, out of the price of goods, and subsequently traded goods by receiving cash; (c) on October 15, 2015, the Defendant’s credit payment liability for the Plaintiff was KRW 80,919,000. The Plaintiff urged the payment on June 9, 2017, and the Defendant paid KRW 10,50,000,000, in total, from July 31, 2017 to November 1, 2018.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 70,419,00 (=80,919,000 - 10,500,000) and damages for delay.

2. The Defendant asserted that the goods transaction with the Plaintiff was made by April 17, 2014. The credit amount of KRW 14,590,000 was the total of KRW 4,090,000 between May 2, 2014 and October 5, 2015, and the Defendant repaid the Plaintiff KRW 4,090,000 to the total of KRW 10,50,000,000, and the payment of the credit amount was urged by the Plaintiff around June 9, 2017. The Defendant thereafter repaid the credit amount of KRW 10,50,000.

Even if the Defendant remains liable for the amount of goods sold to the Plaintiff,

Even after October 20, 2013, the defendant did not engage in credit transaction with the plaintiff, so a claim for the price of goods claimed by the plaintiff was generated before it.

In this regard, three years have passed since the short-term extinctive prescription for the price of the goods sold by the merchants was expired.

3. Determination

A. In light of the following facts: (a) the Plaintiff’s entry and shipment certificate “cruel” is a disturbance; and (b) the Plaintiff’s written statement of transactions submitted by the Plaintiff is asserting that the Defendant did not confirm the content thereof; and (c) each statement of evidence Nos. 1, 2, 6, and 9 (including spot numbers, if any) exceeds KRW 10,50,000,000 as the Defendant was the Defendant against the Defendant around October 15, 2015.