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(영문) 서울동부지방법원 2014.06.26 2014가단7644
물품대금
Text

1. The Defendant’s KRW 23,506,00 for the Plaintiff and KRW 6% per annum from May 21, 2013 to April 1, 2014.

Reasons

Comprehensively taking account of the following documentary evidence, the Plaintiff Company’s provision of livestock products to the Defendant Company continuously from October 17, 2012 to May 20, 2013, and the remainder of the obligation to supply livestock products to the Plaintiff Company as of May 20, 2013 can be acknowledged as constituting 23,506,000.

[Ground of recognition: The facts without dispute, Gap 1 to 3 evidence, the purport of the whole pleadings, and the purport of the whole pleadings] The defendant company is obligated to pay the plaintiff company a balance of 23,506,000 won in the balance of the livestock product supply price obligations, and a fixed delay damages.

In this regard, the defendant company asserted that "the defendant company paid 16,416,000 won out of the balance of the livestock product supply price to the deposit account designated by B, the representative of the plaintiff company, and agreed with B to offset or deduct 5,000,000 won out of the balance of the livestock product supply price by distribution cost."

However, even if the defendant company remitted 16,416,00 won to the deposit account designated by B, and it is assumed that the above set-off or mutual agreement was reached with B, the representative of the plaintiff company can be known not to B but to C, and there is no evidence to acknowledge that B was authorized to receive the payment of the livestock products supply price obligation from the plaintiff company or to dispose of it. Thus, the above 16,416,00 won was fully repaid.

It is difficult to deem that set-off or deduction on the obligation to supply livestock products equivalent to the above 5,00,000 won has been effective.

Therefore, the defendant company's assertion is not accepted.

If so, the plaintiff's claim is reasonable and acceptable.

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