(영문) 서울북부지방법원 2019.08.20 2018나37886

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(영문) 서울북부지방법원 2019.08.20 2018나37886

물품대금

Text

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. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1 to 4; (c) evidence No. 8 to 10; and (d) evidence Nos. 13 and 14; and (c) the purport of the entire

The plaintiff is a company engaged in wholesale and manufacturing business of the master company, etc., and the defendant is an individual who engages in wholesale and retail business of the master company, etc.

B. From October 13, 2016 to August 15, 2017, the Plaintiff supplied the Defendant with an original intent equivalent to KRW 113,486,682, and the Defendant paid KRW 87,647,480 to the Plaintiff from December 2, 2016 to November 6, 2017.

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the unpaid amount of KRW 25,839,202 ( KRW 113,486,682 - 87,647,480) and damages for delay calculated at the rate of 15% per annum from January 27, 2018 to the day of full payment, which is clearly after the day after the delivery date of a copy of the complaint of this case stating the Plaintiff’s declaration of intent to request the performance.

B. As to the defendant's argument, the defendant does not definitely bear the duty to pay the price for the goods supplied by the plaintiff, but rather bears the duty to pay the price for the goods sold by the defendant when the goods supplied by the plaintiff are sold from the plaintiff, and the goods not sold are returned to the plaintiff. The defendant claims that the plaintiff is not liable to pay the price for the goods sold to the plaintiff, since the defendant paid the price for the goods sold to the plaintiff in full and notified the return of the goods not sold,

The following circumstances, which are acknowledged as comprehensively considering the overall purport of the pleadings, are ① obligation to pay the price for goods only to the goods actually sold by the defendant between the plaintiff and the defendant.

참조조문

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