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(영문) 수원지방법원안양지원 2015.11.19 2015가단9347
물품대금
Text

1. The Defendant’s KRW 57,002,150 as well as the Plaintiff’s annual rate from November 22, 2013 to November 19, 2015.

Reasons

1. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion is that the Plaintiff supplied 61,002,150 won to the Defendant. Since the Plaintiff received KRW 4,00,000 from the Defendant around March 10, 2015, the Defendant is obligated to pay the remainder of the goods price of KRW 57,002,150 and delay damages therefrom.

B. The summary of the defendant's assertion is that the defendant merely received goods on consignment from the plaintiff and did not purchase goods from the plaintiff, but does not have a duty to pay the price of goods on account of the fact that the defendant did not sell most of the goods on consignment.

2. Comprehensively taking account of the overall purport of the pleadings as to the statement No. 1-1 through No. 5 of the board of directors, it is reasonable to deem that the Plaintiff sold any pro rata material equivalent to KRW 61,002,150 to the Defendant from September 11, 2013 to November 21, 2013, when supplying pro rata material to the Defendant. On the other hand, if the Defendant received the Plaintiff’s pro rata material for consignment sale, it is deemed that there was no agreement on the most essential fee in such consignment sale, notwithstanding the fact that there was no agreement on such consignment sale. In full view of the above circumstances, it is reasonable to deem that the Plaintiff sold pro rata material equivalent to KRW 61,02,150 to the Defendant.

Therefore, the defendant's defense against the plaintiff as to the remaining amount of KRW 57,002,150 after deducting KRW 4,000,000 from the price of the above goods, and as to this, it is reasonable for the plaintiff to claim against the defendant for the payment of KRW 61,002,150 of the price of the goods in question and damages for delay thereof from November 22, 2013, the following day after the plaintiff supplied the last goods to the defendant, which is the date when November 12, 2015, that the defendant paid KRW 4,00,000 to the defendant while claiming against the defendant for the payment of the price of the goods in question.

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