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(영문) 부산지방법원 2017.04.06 2016가합50118

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 200,561,276 and the interest rate of KRW 15% per annum from November 10, 2016 to the date of full payment.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff provided goods on credit to the Defendant first, and since the obligation to pay for the goods unpaid at present is KRW 200,561,276 as of September 2, 2016, the Defendant is liable to pay the Plaintiff the price for the goods, KRW 200,561,276, and delay damages.

B. The Defendant asserted that the Plaintiff and the Defendant began the transaction of goods from August 1, 2013, and there was no payment for all the goods.

The goods-price obligations claimed by the Plaintiff are traded with C operated by B, and the Defendant did not succeed to the above obligations.

2. Determination

(a) Gap evidence 1 to 4, Eul evidence 1 and 3 (if any, including each number; hereinafter the same shall apply)

In full view of the purport of the pleadings and the testimony of the witness D, the Defendant: (a) was established on March 6, 2012 with the head office Seo-gu E as the main office; (b) the representative director of the Defendant’s representative is the location of the same as the location of the Defendant’s main office; and (c) operation of implied and similar product manufacturing headquarters C as of November 9, 201 through July 31, 2013; and (d) the Defendant added implied and similar product manufacturing business for the purpose on July 31, 2013, which is the cessation date of business of C; (b) the Plaintiff, while delivering goods to F, entered the total amount of goods supplied, entered the transaction paper into the transaction paper with the date, name, receipt, unit price, amount, and unpaid amount; and (c) entered the transaction paper in the transaction paper in the transaction book with the Plaintiff’s signature and seal affixed thereon, and (d) entered the transaction paper in the transaction book in the transaction book with the above 20th of the Defendant’s 16.2.