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(영문) 서울고등법원 2017.09.20 2017나2011849
물품대금
Text

1. Of the judgment of the court of first instance, KRW 25,016,086 against the defendant and its relation thereto shall be annually from March 12, 2016 to September 20, 2017.

Reasons

Basic Facts

The Plaintiff is a company that was an agent for the sale of parts of Hyundai mother Business Co., Ltd. (hereinafter referred to as “Monobs”). The Defendant is a company for the repair of automobiles.

From January 1, 2010 to October 31, 2015, the Plaintiff supplied the Defendant with the part of his automobile by Hyundai Mos. The settlement of the part amount was conducted by the insurance company in the case of a vehicle requesting repair with an automobile insurance (hereinafter “insurance vehicle,” and “general vehicle” in the case of a vehicle other than an insurance vehicle), and by the Defendant in the case of a ordinary vehicle, the payment was made by the insurance company directly to the Plaintiff, and by the Defendant in the case of a ordinary vehicle.

On the other hand, since the electronic bill issued by the Plaintiff was not settled, it was settled in the last default on October 19, 2015, and the modern mother visa terminated the agency contract with the Plaintiff around October 27, 2015.

[Grounds for recognition] In the absence of dispute, Gap evidence 6-1 and 4- 1 and the parties' assertion to the purport of the whole pleadings, and the plaintiff's assertion by the parties concerned as to this issue, the plaintiff supplied the defendant with a total of KRW 580,612,589 to October 31, 2015. The defendant did not receive KRW 484,417,516 out of the price of the part. On October 20, 2015. The defendant transferred KRW 75 million out of the price of the part to Eul. The defendant paid KRW 409,417,516 to the defendant. Even if the defendant supplied only a total of KRW 1,027,740,495 of the part of the ordinary vehicle and insurance vehicle to the defendant, the defendant supplied the remainder of the part to the defendant with the insurance vehicle and insurance vehicle with KRW 360,616,379,7465,757,7495,7516

The defendant's assertion is the part of the ordinary vehicle from January 2010 to October 2015.

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