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(영문) 인천지방법원부천지원 2019.09.17 2019가단7350

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 135,208,962 and the interest rate of KRW 12% per annum from June 11, 2019 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. The fact that the Plaintiff is a corporation that runs the wholesale business of medical equipment and medical expendable items, and that the Plaintiff continuously supplied the Defendant with a total amount of KRW 323,158,438 (including value-added tax) (hereinafter “instant goods”) from August 1, 2017 to May 8, 2019 by entering into a continuous contract for the supply of goods with the Defendant, who is an operator of the “C Hospital,” may be recognized by adding the entire purport of the pleadings to the respective descriptions of evidence Nos. 1 and 2 (including the serial number).

Meanwhile, the Plaintiff received goods equivalent to KRW 26,169,616 from the Defendant and received reimbursement of KRW 161,779,860 (hereinafter “instant reimbursement”) out of the price for the instant goods.

B. Determination A.

According to the facts found in the claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff 135,208,962 won in the unpaid balance (i.e., total amount of KRW 323,158,438 won in the price of the goods of this case - total of KRW 26,169,616 won in the price of the goods returned - Amount of KRW 161,79,860 in the payment of this case) and damages for delay calculated at the rate of 12% per annum as requested by the plaintiff from June 11, 2019 to the date of delivery of the original copy of the payment order of this case from June 11, 2019 to the date of full payment.

2. Judgment on the defendant's defense

A. On June 7, 2019, the Defendant asserted that between the Plaintiff and the Plaintiff agreed to pay in installments the price of the instant goods from June 2019 to KRW 15 million each month.

B. We examine the facts that the Defendant paid the Plaintiff KRW 15 million as the price for the goods of this case after the filing of the instant lawsuit. However, there is no dispute between the parties, but the Plaintiff and the Defendant are out of the price for the goods of this case under Paragraph 1.