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(영문) 서울중앙지방법원 2015.11.20 2015가합15851

물품대금 등

Text

1. The Defendant’s KRW 44,683,192 as well as 6% per annum from January 10, 2015 to November 4, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that runs the business of importing, supplying and selling Arabic brands. The Defendant is an individual entrepreneur who runs the wholesale and retail business of sports supplies and clothing in the trade name of “B.”

Since the incorporation of the company, the Plaintiff has supplied sports supplies to the Defendant and received goods from the Defendant.

B. The Plaintiff was not paid a total of KRW 109,683,192 from around 2011 to January 9, 2015, out of the amount of goods for sports supplies supplied to the Defendant.

C. On March 26, 2015, the Plaintiff returned goods equivalent to KRW 65,00,000, among sports goods supplied as above, from the Defendant.

[Ground of recognition] The fact that there has been no dispute, Gap's evidence of subparagraphs 1 through 5 (including branch numbers; hereinafter the same shall apply), Eul's evidence of subparagraphs 1 through 3, and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the outstanding amount of KRW 44,683,192 (i.e., the outstanding amount of KRW 109,683,192 - the value of the returned goods 65,00,000) and to pay damages for delay at each rate of KRW 15 percent per annum under the Commercial Act until November 4, 2015, which is the date following the date of the final supply of the goods, where it is deemed reasonable to dispute as to the existence of the obligation or the scope of the obligation, as requested by the Plaintiff.

3. If so, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.