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(영문) 수원지방법원 2017.02.09 2016나6085

물품대금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who manufactures and sells posters, gas appliances, etc., and the Defendant is a company that operates the restaurant (hereinafter “instant restaurant”) in the name of “unclaimed area and the number of money points.”

B. On November 17, 2014, the Plaintiff entered into a contract with the Defendant to supply KRW 41 and ancillary equipment to the instant restaurant for KRW 77,900,000. The Plaintiff received KRW 10,000,000 from the Plaintiff, December 3, 2014, and KRW 15,000,000 on December 15, 2014, respectively.

C. On December 12, 2014, the Plaintiff: (a) installed 2020-LD posters (hereinafter “2020 log posters”); and (b) supplied goods, such as double-sculpers, etc. during the period from December 26, 2014 to July 31, 2015. D. On April 17, 2015, the Plaintiff entered into a contract with the Defendant to supply KRW 44 and auxiliary equipment for KRW 82,654,00 with the price for KRW 82,654,00. The Plaintiff recovered 200 log posters installed in the instant restaurant around July 2015, and installed 2010-G20-D posters (hereinafter “201-4”).

F. The total amount of goods for posters and auxiliary equipment supplied by the Plaintiff to the Defendant is KRW 89,243,00.

G. On August 14, 2015, B, an employee of the Plaintiff, presented the specifications of electronic commerce indicated as “amounting to 64,243,000 won” to C, an employee of the Defendant, and C signed the said specifications of electronic commerce.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 12, Eul evidence 3, the purport of the whole pleadings

2. Comprehensively taking account of the above facts as to the cause of claim, the Defendant shall pay to the Plaintiff the remainder of KRW 64,243,00 among the purchase price of posters and auxiliary equipment, and as the Plaintiff seeks, 6% per annum from September 1, 2015 to December 7, 2015, which is the delivery date of a copy of the complaint of this case, and 15% per annum from the following day to the date of full payment.

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