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(영문) 대전지방법원 2020.12.10 2020가단108834
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 89,422,00 and 12% per annum from September 5, 2019 to the date of full payment.

Reasons

1. Around June 2016, the Plaintiff entered into a contract to supply or purchase goods with seven air conditioners to Defendant B for KRW 125,340,000, and supplied air conditioners. The Plaintiff was paid only KRW 35,918,000 out of the amount of goods supplied by Defendant B.

Therefore, on January 6, 2017, the Defendants, as married couple, agreed to pay to the Plaintiff KRW 89,422,00,00, which is the amount of goods payable jointly and severally, until February 2017.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, purport of whole pleadings]

2. Determination

A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 89,422,00,000, which is the price for the goods unpaid, and the damages for delay calculated at the rate of 12% per annum from September 5, 2019 to the date of full payment, as the Plaintiff seeks.

B. The Defendants asserted to the effect that the Plaintiff’s claim in this case is unjust, since Defendant C introduced the Plaintiff a new multi-family housing construction business chain in the Seo-gu Daejeon Ddong, Daejeon, to supply KRW 390 million to the Plaintiff, and in the process, Defendant C agreed to pay fees between the Plaintiff and the Defendant C, and agreed to deduct the fee from the price of the instant goods.

In light of the fact that there is an agreement on the payment of fees as alleged by the Defendants, it is not sufficient to acknowledge the agreement solely with the statement of No. 1, and there is no other evidence to prove otherwise, the above assertion by the Defendants cannot be accepted.

3. Conclusion of the Plaintiff’s claim against the Defendants, but a provisional execution declaration is not attached.

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