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(영문) 서울중앙지방법원 2017.01.18 2016나28780
물품대금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff (Counterclaim Defendant) corresponding to the money ordered to be paid below.

Reasons

1. The party's assertion and its determination

A. (1) The Plaintiff’s assertion (1) supplied food materials equivalent to KRW 24,019,232 to the Defendant from September 2014 to July 2015. The Defendant paid the Plaintiff the price of KRW 19,552,442 to the Plaintiff during the same period. As such, the Defendant is obliged to pay the Plaintiff the price of the goods unpaid (=24,466,790 won - 24,019,232 - 19,552,442 won) and damages for delay.

(2) The Defendant’s assertion that the Plaintiff provided to the Defendant from September 2014 to July 2015 is limited to KRW 10,019,106, and the Defendant paid KRW 19,552,442 to the Plaintiff during the same period. As such, the Plaintiff paid the Plaintiff the amount of KRW 19,536 to the Defendant (=10,019,019,106 - KRW 19,552,442) and delay damages therefrom.

B. Determination as to Gap evidence 2-2, Gap evidence 3-2, Eul evidence 5-1, Eul evidence 6-1 through 14, Gap evidence 7-1 through 9, Gap evidence 11-1 through 13, Eul evidence 1-1 through 3, Eul evidence 2-1, and Eul evidence 2-2, comprehensively taking into account the whole purport of arguments, Gap evidence 2-2, Eul evidence 3-2, Eul evidence 5-1, Eul evidence 6-1 through 14, Gap evidence 9-1 through 13, Eul evidence 1-1-3, Eul evidence 2-1 and 2-2, the plaintiff is a corporation established for the purpose of operating food materials wholesale and retail business, etc., the defendant operated a restaurant with the name of "C" in Seocho-gu Seoul Metropolitan Government, and pursuant to Article 121 of the Corporate Tax Act, etc. amended by Act No. 12850, Dec. 23, 2014; the plaintiff issued an electronic invoice to the defendant from July 1, 2014, 2015.

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