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(영문) 서울중앙지방법원 2015.10.29 2015가단104730
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 20,926,205 and the interest rate of KRW 15% per annum from June 30, 2015 to the day of full payment.

Reasons

1. Determination on the cause of the claim

A. (1) The Plaintiff’s assertion (1) supplied the goods equivalent to KRW 58,903,696 in total between October 2014 and November 2014 in accordance with the supply contract (SAW-LM-020, SAW-L-040, SAW-L-010, SAW-L-030, and SAW-L-030) for clothing production and supply concluded with the Defendant. However, the Defendant paid only KRW 33,58,304 out of the above goods to the Plaintiff and paid the remainder of KRW 25,345,392, since the Defendant had a duty to pay the remainder of KRW 4,419,187, 20926,205, excluding the remainder of the amount of the goods unpaid to the Plaintiff.

(2) The defendant's assertion that the defendant made a contract between the plaintiff and the plaintiff for goods supply equivalent to 33,58,304 won (SAW-EM-020, SAW-LEU-040). The defendant did not conclude a contract for goods supply equivalent to 25,345,392 won of the remaining plaintiff's assertion (SAW-EU-010, SAW-L-030). Even if the defendant entered into a contract for goods supply equivalent to 25,345,392 won of the remainder of the plaintiff's argument, the defendant did not receive the remainder of 25,345,392 won from the plaintiff, since there was no supply of goods.

B. Examining the overall purport of the arguments in Gap evidence Nos. 1-1 through 4, Gap evidence Nos. 2-1 through 8, and Gap evidence Nos. 3, the plaintiff entered into a contract for manufacturing and supply of clothing (SAW-EU-020, SAW-040, SAW-L-010, SAW-L-EU-030, SAW-L-030) with the defendant, and pursuant to the above contract, the defendant supplied clothing (SAW-LM-020, SAW-040, SAW-EU-010, SAW-EU-030) equivalent to the amount of KRW 58,903,696 to the defendant from October 201 to November 205. Thus, the plaintiff can be recognized as supplying clothing (SAW-LM-020, SAW-EU-010, SAW-030) to the plaintiff as a copy of the complaint of this case.

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