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(영문) 서울서부지방법원 2020.09.10 2020가합100
물품대금
Text

1. The Defendant’s KRW 205,731,80 for the Plaintiff and KRW 6% per annum from February 1, 2017 to December 23, 2019.

Reasons

1. The Plaintiff, which conducted wholesale and retail business, etc. for determining the cause of the claim, supplied goods equivalent to KRW 372,012,30 from February 2, 2016 to January 2017, to the Defendant as shown in the attached Table. The fact that the Plaintiff agreed to receive the price of the goods as of the end of each month is either not in dispute between the parties, or in full view of the purport of the entries and arguments in the evidence Nos. 1 and 2, and the Plaintiff is a person who has received part of the price of the goods from the Defendant and received part of the price of the goods and paid the price of the goods in excess of KRW 205,731,8

Therefore, the defendant is obligated to pay to the plaintiff 205,731,800 won for the remaining goods and damages for delay calculated at the rate of 6% per annum under the Commercial Act from February 1, 2017 to December 23, 2019, the delivery date of the original copy of the payment order of this case, from February 1, 2017, which is the day following the due date of each payment of the above remaining goods price to the day of full payment, and 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. The defendant's assertion argues that the defendant has paid the price of goods to be paid to the plaintiff in installments due to business difficulties, and that there was an inevitable circumstance that makes it impossible to pay the price of goods to the plaintiff due to the aggravation of management conditions, such as seizure and collection from financial institutions. However, the grounds for the defendant's assertion do not constitute a ground for rejecting the plaintiff's claim for

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is justified.

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