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(영문) 수원지방법원성남지원 2014.07.09 2014가단8904

물품대금

Text

1. The Defendant amounting to KRW 70 million to the Plaintiff and the Plaintiff’s annual rate of 6% from December 1, 2013 to February 18, 2014.

Reasons

1. According to the Defendant’s written evidence No. 1, the Defendant prepared a written confirmation of payment that the Plaintiff shall pay KRW 70 million to the Plaintiff by the end of November, 2013, around September 2013.

(The detailed contents of the written confirmation of payment are as follows) . - A - According to the facts found above A C, barring special circumstances, the defendant is obligated to pay to the plaintiff the amount of KRW 70 million agreed upon as above to the plaintiff and the damages for delay at each rate of 6% per annum from December 1, 2013 to February 18, 2014, which is the delivery date of the original copy of the payment order in this case, as the plaintiff seeks from December 1, 2013 to the delivery date of the original copy of the payment order in this case, and from the following day to the day of full payment (the Commercial Act and the plaintiff and the defendant are each merchants).

2. On the judgment of the defendant's defense, the defendant set up the above payment confirmation with respect to the goods payment obligation already extinguished in a state where the defendant's D and E did not know it, and thus, the agreement under the above payment confirmation is revoked, and therefore, the plaintiff's claim cannot be complied with.

On the other hand, the defendant had already extinguished the obligation under the above payment confirmation only with the evidence of internal tax credit.

It is insufficient to recognize that the above payment certificate was prepared in the state that D and E were erroneous or omitted, and the above defense is not accepted as there is no other evidence.

3. Conclusion, the plaintiff's claim of this case is justified.