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(영문) 인천지방법원부천지원 2019.08.22 2019가단3808
물품대금
Text

1. The Defendant: (a) KRW 36,098,00 for the Plaintiff and KRW 6% per annum from September 20, 2018 to July 11, 2019; and (b) July 12, 2019 for the Plaintiff.

Reasons

1. Facts of recognition;

A. The status of the party is that the plaintiff is engaged in the wholesale and retail business of fishery products under the trade name of C, and the defendant operates a restaurant under the trade name of D.

B. The Plaintiff supplied fishery products to the Defendant. By March 15, 2013, the Plaintiff did not receive KRW 34,591,000 out of the amount of goods supplied by the Defendant, and the Defendant paid KRW 34,591,000 to the Plaintiff on March 15, 2013 as of March 15, 2013.

The defendant will faithfully repay the outstanding amount by December 31, 2013 and, if not, accept any legal measure.

The letter of loan was drawn up and delivered.

2) On October 1, 2018, the Defendant paid to the Plaintiff KRW 10 million, and paid KRW 5 million out of KRW 34,591,00. (c) The Plaintiff supplied the Defendant with fishery products from January 2, 2018 to April 2018, including the supply of KRW 2,652,00, KRW 33,000, KRW 4,906,000, KRW 327,000, KRW 2,734,000, May 2, 2018, and KRW 34,591, KRW 3,000, KRW 104,00, and fishery products from June 3, 2018 to August 19, 2018.

2) On September 18, 2018, the Plaintiff received the price for the goods from the Defendant and did not receive KRW 31,098,000 for the remainder of the goods from April 12, 2013 to February 11, 2019, including where the Plaintiff received KRW 700,000 from the Defendant, January 7, 2019, and KRW 200,000 from February 11, 2019. [In the absence of any dispute over the grounds for recognition, the Plaintiff did not receive KRW 31,09,00 for the remaining goods.]

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 36,098,000 for the unpaid goods (i.e., the amount of KRW 5 million for the unpaid goods up to March 15, 2013, KRW 31,098,000 for the unpaid goods up to September 19, 2018) and damages for delay.

B. The defendant's claim for the payment of goods of this case is three years in accordance with Article 163 subparagraph 6 of the Civil Code.

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