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(영문) 서울중앙지방법원 2019.11.27 2019나29326
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that imports and sells sound equipment and home appliances, and the Defendant is a person who runs the business of selling sound equipment and home appliances under the trade name of “C”.

B. On October 11, 2013, the Plaintiff entered into a trade agreement with the Defendant to supply audio products imported by the Plaintiff to the Defendant, and the Defendant agreed to pay the price for the products acquired from the Plaintiff to the Plaintiff within 75 days from the date of the trade.

C. The Defendant delayed the payment of the price for the product supplied by the Plaintiff, but the unpaid amount was KRW 15,674,000 on November 6, 2018.

[Ground for Recognition: Descriptions of Evidence A Nos. 1 through 4]

2. According to the above facts finding, the defendant is obligated to pay to the plaintiff the unpaid amount of KRW 15,674,00 and delay damages, except in extenuating circumstances.

In regard to this, the Defendant keeps custody of the amount equivalent to 5,808,000 won of the goods supplied by the Plaintiff, and asserts to the effect that the amount should be reduced instead of the Plaintiff’s acceptance. However, it is difficult to view that there is no agreement between the Plaintiff and the Defendant on the return, etc. of the goods whose supply has been completed, and that there is a practice that the Plaintiff should return the remaining goods, and therefore, the Defendant’s assertion is without merit.

Therefore, the defendant is obligated to pay to the plaintiff 15,674,00 won with 15% interest per annum under the Civil Act from December 19, 2018 to January 4, 2019, the delivery date of a copy of the complaint of this case, and 15% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

3. In conclusion, all of the plaintiff's claims should be accepted on the grounds of its reasoning, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is justified.

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