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(영문) 서울북부지방법원 2020.10.20 2020가단115900
물품대금
Text

The defendant shall pay 26,508,683 won to the plaintiff and 12% per annum from January 14, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff operates wholesale and retail business with the trade name of “C”, and the Defendant is a company running the Smarket business in D and E, etc.

B. The Plaintiff supplied goods, etc. to the Defendant from around 2016. The amount of goods unpaid to the Defendant’s D points accrued from January 7, 2019 is KRW 18,59,653, and the amount of goods unpaid to the Defendant’s E points accrued from February 25, 2019 is KRW 13,409,030.

C. The Plaintiff received KRW 2,500,000 from the Defendant on January 24, 2019 and KRW 3,000,000 on June 3, 2019 as the price for goods at the Defendant’s D points.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. 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 26,508,683 won (=D 13,099,653 won (=2,500,000 won - 3,000,000 won) - 13,409,030 won), which is the day following the delivery date of the copy of the complaint of this case sought by the plaintiff, to pay damages for delay calculated at the rate of 12% per annum from January 14, 2020 to the day of full payment.

As to this, the defendant alleged that the defendant paid KRW 15,53,720 to the plaintiff as the price for the goods to E store around April 1, 2019, but there is no evidence to acknowledge this, the above argument is without merit.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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