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Reasons
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(영문) 서울남부지방법원 2018.12.06 2017가단22500
물품대금
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1. The Plaintiff:

A. Defendant C Co., Ltd.: (a) KRW 2,00,000 and this shall be from August 30, 2014 to December 6, 2018.

Reasons

1. In fact, the Plaintiff is a corporation established for the purpose of manufacturing and wholesale and retailing electricity, electronic equipment, and devices thereof.

On May 7, 2014, the Plaintiff supplied the following goods to Defendant C Co., Ltd. (hereinafter “Defendant C”), and Defendant C paid KRW 1,595,460 out of the price of goods to the Plaintiff on August 29, 2014.

The Plaintiff supplied 23,000,000 115,000 - J3NSBE 3NBE 520,000 - 110,032,40 1,135,640 PWCNS4-3S-20 523,000 - 126,500 -36,500 MR-J3NS 3NSBE 20,000 - 110,000 - 720-37 KN 5,20-37, 200 1,626,000 - 1,78,600, 600 -68, 600 - 7205 - 205 - 364,54,205 - - 5,00 - 1,605 - 1,064,75

Until August 21, 2013, the Plaintiff supplied Defendant F, who manufactured and sold the electric panel, etc. under the trade name of I, with goods equivalent to KRW 30,030,00,00, such as Taling cable and enlarged cable, etc., and received KRW 27,832,200, out of the price of goods from Defendant F.

The Plaintiff supplied Defendant G with goods equivalent to KRW 1,760,134, such as various ruptures, by June 19, 2016, to manufacturing and selling the electric panel under the name of J.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings (Defendant Nos. 3 and 4 as confessions)

2. Determination on the claim against Defendant C

A. According to the facts of recognition, Defendant C is obligated to pay to the Plaintiff the amount of KRW 2,00,000 for the goods unpaid (=3,595,460 won - 1,595,460 won) and delay damages therefrom, barring special circumstances.

B. As to this, Defendant C’s defense that the claim for the price of the instant goods had expired by prescription, it is apparent in the record that the Plaintiff filed the instant lawsuit on August 24, 2017, which was three years after May 7, 2014, the date of supplying the goods, but on the other hand, Gap filed the instant lawsuit.

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