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(영문) 인천지방법원 2018.08.22 2018가단199
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the joint wholesale business, and the Defendant is a person engaged in the wholesale and retail business with the trade name “B”.

B. From September 201, the Plaintiff traded to supply a joint plate to the Defendant.

On April 2014, the Plaintiff supplied the Defendant with the Gohap amounting to KRW 44,733,700,000, and was not paid KRW 4,733,700 among them. around May 2014, the Plaintiff supplied the Defendant with the Gohap amounting to KRW 45,774,300, and was not paid the Gohap amounting to KRW 50,508,500 (= KRW 4,73,700, KRW 45,774,300, and KRW 45,774,300, and KRW 300 (hereinafter “instant Gohap”).

At that time, the defendant refused to pay the amount of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum that the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the sum of the

C. After the Plaintiff’s trade, until October 6, 2015, the Plaintiff supplied the Defendant with additional joint sales several times, and the Defendant finally paid the amount of the joint sales additionally supplied to the Plaintiff on November 6, 2015.

[Recognizing Facts] Gap evidence Nos. 3, Eul evidence Nos. 1 to 4 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts to the effect that "the defendant is obligated to pay to the plaintiff 50,508,000 won and damages for delay of the purchase price of this case."

As to this, the defendant did not comply with the plaintiff's claim because he suffered a lot of damages due to defects in the Gohap supplied by the plaintiff, and the claim for Gohap-price was already completed by the short-term extinctive prescription of 3 years.

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