logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2016.09.27 2016가단8574
물품대금
Text

1. The Defendant’s KRW 14,117,675 for the Plaintiff and KRW 6% per annum from April 22, 2016 to September 27, 2016.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 4 as to the cause of the claim, the plaintiff is a private entrepreneur who sells euthantan waterproofs, etc. in the trade name of "B", and the defendant is a corporate entrepreneur operating a waterproof construction business, etc., and the plaintiff supplied the defendant with a total of KRW 50,147,405 won, such as crating and leratans, during the period from June 23, 2015 to November 6, 2015, and the fact that the plaintiff received KRW 16,029,730, out of the above payment, from the defendant during the period from December 23, 2015 after the supply is made by the plaintiff.

Therefore, according to the above facts of recognition, barring any special circumstance, the defendant is obligated to pay to the plaintiff the remaining amount of 34,117,675 won (=50,147,405 won - 16,029,730 won) and damages for delay.

2. As to the judgment on the Defendant’s defense of repayment, the Defendant asserted that the Defendant repaid KRW 20,000,000 out of the remainder of the goods, and thus, the Defendant transferred KRW 15,00,000 to the Plaintiff on May 20, 2016, and KRW 5,000,000 to the Plaintiff on June 9, 2016, as there is no dispute between the parties, it shall be deemed that the Plaintiff’s total remittance amount of KRW 20,00,000 among the remainder of the goods against the Defendant was extinguished by payment.

Therefore, the defendant's defense is justified.

3. In conclusion, the defendant is obligated to pay 14,17,675 won (=34,117,675 won - 20,000 won - 20,000 won) excluding the amount to be repaid to the plaintiff and to pay 6% per annum under the Commercial Act from April 22, 2016 until September 27, 2016, which is the date of the decision of this case where it is deemed reasonable for the defendant to resist the existence and scope of the obligation as requested by the plaintiff as a result of the delivery of a copy of the complaint of this case after the date of the supply of the goods. Thus, the defendant is obligated to pay 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of complete payment.

arrow