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Reasons
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(영문) 수원지방법원 2016.11.24 2016나6290
물품대금
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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. Determination on the cause of the claim

A. The following facts do not conflict between the parties or each of the following facts can be acknowledged based on Gap evidence No. 1 (the defendant's product sales contract, the defendant's assertion that the part of the defendant's seal of the above document was forged, but there is no evidence to acknowledge it), Gap evidence No. 2, 3, Gap evidence No. 4-1, 4-3, Gap evidence No. 5-9, Eul evidence No. 1, and Eul's testimony as a witness of the trial.

1) The Plaintiff is a manufacturer or seller of various paints, etc., and the Defendant is a manufacturer or seller of painting works, etc. (2) On September 16, 2013, the Plaintiff entered into a contract with the Defendant to continuously supply various paints produced by the Plaintiff to the Defendant (hereinafter “instant sales contract”).

3) In accordance with the instant sales contract, the Plaintiff supplied various paints to the Defendant by December 31, 2014, and did not receive KRW 37,335,210 out of the price of the paint, and around January 2015, the Plaintiff was unable to pay KRW 37,335,210 out of the price of the various paint supplied by the Defendant by the Plaintiff until December 31, 2014 (hereinafter “instant balance certificate”).

(4) On February 28, 2015, the Plaintiff supplied the Defendant with paints equivalent to KRW 6,275,500.

5) Thereafter, the Defendant paid to the Plaintiff KRW 10,00,000 as the price for the paint, KRW 5,00,000 on March 17, 2015, KRW 5,000 on May 29, 2015, and KRW 10,000 on June 12, 2015. However, according to the facts of recognition as above, the Defendant, barring any other special circumstances, paid to the Plaintiff KRW 18,610,710 (= KRW 37,35,210, KRW 6,275,50)-10,000-5,00-10,000-10,000-10,000-10,000-10,000,000 and KRW 5,000,000 on the record of the instant lawsuit, which was served by the Plaintiff as a copy of the complaint, to the Defendant from June 1, 2015.

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