(영문) 서울중앙지방법원 2018.12.13 2017가단5101570

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(영문) 서울중앙지방법원 2018.12.13 2017가단5101570

물품대금

Text

1. The Defendant’s KRW 82,05,00 for the Plaintiff and KRW 6% per annum from February 11, 2017 to June 1, 2017.

Reasons

1. Basic facts

A. From December 1, 2016 to February 10, 2017, at the Defendant’s request, the Plaintiff supplied the Defendant with the goods equivalent to the aggregate of KRW 92,475,00,00 (hereinafter “instant goods”).

B. However, the Defendant paid only KRW 10,420,000 in total on April 10, 2017 as the price for the instant goods, and did not pay the remainder of KRW 82,05,000.

[Ground of recognition] The fact that there is no dispute, Gap 1 through 3, each entry (including a paper number; hereinafter the same shall apply), the purport of the whole pleading

2. The parties' assertion and judgment

A. Regarding the plaintiff's assertion that the plaintiff sought payment of the balance of KRW 82,05,00 for the goods in this case to the defendant, the defendant asserts that (i) the defendant was supplied under the condition that the size of the new goods supplied by the plaintiff to the defendant was much different from the original order size, and (ii) the goods supplied by the plaintiff could not be immediately confirmed at the time of delivery because they were supplied to the defendant in freezing condition; (iii) the defendant's demand that the plaintiff return the goods in this case was made at the time of delivery; (iv) the defendant's compensation should be deducted from the balance of the goods in this case, and even if not, the plaintiff received part of the price of supplied goods to be received by the defendant from "D," which is the defendant's business partner, and therefore, the price of supplied goods voluntarily received by the plaintiff should be deducted from the balance of the goods in this case.

B. According to the above facts, the Defendant is obligated to pay the Plaintiff the remainder amount of KRW 82,05,000 for the goods in this case, barring any special circumstances. 2) As alleged above by the Defendant, the Defendant requested return of the goods in this case on the ground that the size of the new letter supplied by the Plaintiff is much different from the size of the original order.

The defendant must receive without the defendant's consent.

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