(영문) 서울중앙지방법원 2016.03.24 2015나32966

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.03.24 2015나32966

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. In the first instance court’s trial scope, the Plaintiff claimed for payment of the unpaid amount of KRW 52,169,831 and damages for delay, including KRW 36,713,247 and value-added tax 15,456,584, and the amount of the unpaid amount of KRW 52,169,831. The court of first instance partly accepted the claim for the payment of the unpaid amount of goods and dismissed the claim for value-added tax (Partial dismissal is limited to

Therefore, only the defendant filed an appeal against the part against which the judgment of the court of first instance lost, and the plaintiff did not file an appeal separately, so the scope of the judgment of this court is limited to the claim for the amount of unpaid goods among the judgment of the court of first instance

2. According to the reasoning of the lower judgment as to the claim for the amount of unpaid goods, the Defendant is obligated to pay to the Plaintiff the amount of 36,713,247 won (66,713,247 won - 30,000 won) and damages for delay.

The plaintiff is a company engaged in manufacturing and wholesale and retailing of textile, yarns, raw yarns, etc., and the defendant is a company engaged in manufacturing and wholesale and retailing of textile products.

B. The Plaintiff supplied the Defendant with the original goods, etc. from around 2007 to October 2013.

C. Around June 30, 2012, the Defendant paid KRW 66,713,247 to the Plaintiff totaled KRW 66,713,247. On the same day, the Defendant paid KRW 30 million to the Plaintiff.

[Ground of Recognition] A without dispute, entry of Gap's 1 through 3, part of Eul's evidence No. 1, entry of Eul's evidence No. 2, the purport of whole pleadings

3. The Defendant’s assertion argues that the Defendant did not have an obligation to pay the said unpaid amount to the Plaintiff, on the grounds that: (a) the Plaintiff agreed to pay the Plaintiff KRW 36,713,247 out of the total amount of the unpaid amount of KRW 66,713,247 up to the time of June 30, 2012, to reduce the remainder of the unpaid amount of KRW 36,713,247.

the witness C of the first instance trial, written in the evidence 2 to 10 of this title (including the number of each number), and

유사 판례

-서울중앙지방법원 2015.06.02 2014가단5163300

-부산지방법원 2018.02.01 2017나40990

-서울북부지방법원 2019.08.20 2018나37886

-서울서부지방법원 2015.06.18 2014가합9441

-서울중앙지방법원 2018.05.04 2017가단5222019