(영문) 서울중앙지방법원 2018.05.28 2017가단5176246

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(영문) 서울중앙지방법원 2018.05.28 2017가단5176246

물품대금

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1. The Defendant shall pay to the Plaintiff KRW 62,162,958 and the interest rate of KRW 15% per annum from August 22, 2017 to the day of complete payment.

Reasons

1. The Plaintiff’s determination as to the cause of the claim provided the Defendant with goods equivalent to KRW 841,776,848 in total from March 2016 to March 2017; the fact that the Defendant paid KRW 779,613,890 out of the price of the above goods and the unpaid amount of the goods was 62,162,958 may be recognized in accordance with each of the entries and the entire purport of pleadings set forth in the evidence Nos. 2 to 5 (including the serial number).

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of 62,162,958 won payable to the plaintiff and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 22, 2017 to the date of full payment, as requested by the plaintiff.

2. As to the Defendant’s assertion, the Defendant asserts that the Plaintiff provided goods to the Ma bargaining Council Co., Ltd. (hereinafter “Ma bargaining Council”) and provided goods to the Defendant in a formal manner to make an additional transaction as the credit limit of the said company exceeded, but in fact, there was an agreement between the Plaintiff, the Defendant, and the Ma bargaining Council that the payment for the supply of goods to the Ma bargaining Council was to be paid by the Ma bargaining Council, but there is insufficient evidence to acknowledge the agreement. However, there is no other evidence as to each of the items stated in the 1 to

Rather, according to the statements in Gap evidence Nos. 4 and 5, the defendant confirmed that the amount of the goods unpaid until December 28, 2016 is KRW 133,462,958, and prepared and delivered a written statement of repayment to the plaintiff that the defendant confirmed that the amount of the goods unpaid until January 30, 2017 is KRW 13,462,958, and that the defendant confirmed that the amount of the goods unpaid to the plaintiff by April 28, 2017 is KRW 62,162,958.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

참조조문

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