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(영문) 의정부지방법원 2014.11.11 2014가단7308
물품대금
Text

1. The Defendant’s KRW 52,060,409 as well as the Plaintiff’s KRW 6% per annum from October 1, 2013 to November 11, 2014.

Reasons

1. Basic facts

A. The Plaintiff is an enterprise that manufactures paper boxes, etc. at 640-7, Ansan-gu, Ansan-si, the Defendant is a person who manufactures cosmetics, etc. in the trade name of “C” in Gyeonggi-si, and Nonparty D is a person who operates the business under the trade name of “E” at the same place as “C”.

B. The Plaintiff sold to the said D goods worth KRW 30,441,290 in total amount of KRW 14,88,590 in February 15, 2012, and KRW 14,88,50 in May 14, 2012.

C. Around May 2012, the Defendant agreed to pay KRW 30,441,290 to the Plaintiff for the purchase price of D’s goods. Accordingly, the Plaintiff, from that point of time, sold to the Defendant goods worth KRW 31,94,00 in total, KRW 12,969,000, July 12, 2012, KRW 12,969,000, and KRW 31,94,000 in total, around September 9, 2012.

The Plaintiff received total of KRW 19,00,000 from the Defendant on July 5, 2012, and KRW 5,000,000 on July 9, 2012, and KRW 19,00,000 on September 6, 2012, and paid KRW 43,385,290 on September 7, 2012 (i.e., KRW 30,441,290 on KRW 31,94,00 on KRW 31,94,00 on KRW 19,00,00).

E. On January 4, 2013, the Plaintiff confirmed that the Defendant’s obligation incurred from the existing transactional relationship was KRW 43,385,290 and agreed to receive the amount equally over six months from the last day of January 2013.

F. The Plaintiff received KRW 17,230,881 from the Defendant on February 6, 2013, and KRW 7,000,000 on March 20, 2013, and KRW 17,230,000 on July 12, 2013.

F. The Plaintiff sold goods equivalent to KRW 2,156,00 to the Defendant on March 2013. From August 2013 to September 2013, the Plaintiff sold the amount equivalent to KRW 23,750,000 in cases concerning “F” and “G” cosmetics.

[Grounds for recognition] The items of evidence Nos. 2, 5, and 10, and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant's amount of KRW 52,060,409 as the price for goods (=2,156,000 won as of January 4, 2013 - KRW 23,750,000 as of January 4, 2013 - KRW 17,230,881) and its amount.

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