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(영문) 수원지방법원 2019.06.18 2017나84037
물품대금
Text

The judgment of the first instance, including the plaintiff's claim extended by this court, shall be modified as follows:

The defendant.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff is a company that operates a motor vehicle parts agency, and the Defendant is a person who operates a motor vehicle maintenance plant in the trade name called C. 2) The Plaintiff supplied the Defendant with the parts of the general repair vehicle and the parts of the repair vehicle subject to insurance management from March 2014 to September 2016. The amount of the unpaid goods is KRW 11,140,871 in total (= KRW 4,047,553 in general repair vehicle parts).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 13, purport of the whole pleadings

B. The Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 11,140,871 as well as damages for delay after November 29, 2017, which the Plaintiff seeks, from the delivery date.

2. Judgment on the defendant's defense, etc.

A. As to the defense that the Defendant repaid the price of goods, the Defendant raised a defense to the effect that, while closing a factory operated on or around November 2016, the amount receivable between the Plaintiff and the Plaintiff was confirmed, and that the amount of the remaining goods remains due to the Plaintiff’s full repayment. However, it is insufficient to acknowledge the fact of the repayment solely on the account transaction details attached to the petition of appeal, and there is no other evidence or materials to acknowledge the payment.

The defendant's defense is without merit.

B. 1) As to the assertion that D Co., Ltd. paid the price of goods or is liable for the payment thereof, the Defendant asserted that D Co., Ltd. (hereinafter “D”) and the automobile insurance maintenance fee (the fee contract was entered into, and accordingly, the repair vehicle subject to insurance management was traded by the method that D Co., Ltd. immediately pays the price

In the case of the cost of the repair vehicle supplied by the Plaintiff to the Defendant, the Plaintiff was already paid in full by D.

Even if the unpaid amount of goods remains.

However, the plaintiff must directly claim the price to D.

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