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Reasons
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(영문) 대구지방법원 2016.04.27 2015나15953
물품대금
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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 a person who performs the wholesale and retail business of main wholesale bags parts, etc., and the Defendant is a person who supplies and installs main wholesale bags.

B. For several years, the Plaintiff supplied the part of the kitchen to the Defendant, etc., and was not paid KRW 36,959,700 out of the amount of goods supplied to the Defendant as of July 10, 2014.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, 3, and Eul 1 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings and arguments

2. As of July 10, 2014, the Plaintiff did not receive KRW 36,959,700 from the Defendant as of July 10, 2014, the fact that the Plaintiff was paid KRW 36,959,70 as of the date of delivery of the complaint of this case was based on the above basic facts. Meanwhile, the Plaintiff voluntarily acknowledged the fact that the Plaintiff was paid KRW 19,10,000 from July 18, 2014 to November 28, 2014 as indicated in the following table, and barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 17,859,700 (= KRW 36,959,700 - KRW 19,1000) and damages for delay calculated at the annual rate of 20% as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 18, 2014 to the date of full payment.

The amount paid on July 18, 2014. 5,000,000 on August 22, 2014; 5,000,000 on September 22, 2014; 5,000,000,000 on September 22, 2014; 19,10,000,00 on October 27, 200 on November 28, 2014;

3. Judgment on the defendant's assertion

A. Defendant’s assertion 1) The Plaintiff basically agreed on the cash payment for the goods supplied to the Defendant, 5%, and 5% for the door even if the price was set at a discount of 5%, and agreed on the discount of additional 5-10%. However, the Plaintiff did not grant a discount of KRW 2,45,00 for the total amount of goods paid by the Defendant up to November 28, 2014, KRW 49,100 for the total amount of goods paid by the Defendant up to November 28, 2014, KRW 2,45,00 for the total amount of KRW 5% for the goods, and KRW 17,859,70 for the unpaid goods (the total amount of KRW 892,985 for the claim amount in this case, KRW 3,347,985, which

(b).

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