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(영문) 서울서부지방법원 2017.08.31 2017가합34479
물품대금
Text

1. As to KRW 215,848,096 among the Plaintiff and KRW 124,848,096 among them, the Defendant shall start from April 29, 2017 to June 20, 2017.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment deemed to be a confession based on recognition (Article 208 (3) 2, the main sentence of Article 150 (3) and the main sentence of paragraph (1) of the Civil Procedure Act);

3. Part on the claim for damages for delay

A. The Plaintiff’s assertion that the Plaintiff requested refund of KRW 215,848,096, including deposits paid in advance, to the Defendant on April 28, 2017, the Plaintiff asserts that the Defendant is obligated to pay damages for delay at the rate of 6% per annum from April 29, 2017 to the date of delivery of a duplicate of the instant complaint.

B. In light of the purport of Gap evidence Nos. 3 through 10 and the whole pleadings, the fact that the plaintiff paid a certain amount under the name of the deposit to the defendant on March 21, 2016, the defendant entered into a contract for goods supply with the plaintiff after shipping a sports chemical product ordered by the plaintiff, and the plaintiff paid a total of KRW 208,00,000 to the defendant from March 25, 2016 to November 29, 2016 as the deposit amount of KRW 208,00,000 for the first quarter from 4th quarter from 2016 to 3th quarter from 2017, and the fact that the plaintiff did not return the goods to the defendant on December 2, 2016 to 207, USD 2016 products of the United States of America (US 220, USJN, 246, 2546, 2045, 2045, 2016).

In addition, the duplicate of the complaint of this case was served on the defendant on June 20, 2017, and the plaintiff filed the complaint of this case.

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