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(영문) 대전지방법원 2015.02.13 2013가단48330
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the claim of KRW 21,689,520 for dental appliances

A. On September 6, 2005, the Plaintiff (mutual : C) entered into a goods supply contract with the Defendant who operated E values in Boan-si, Da, and supplied dental equipment to the Defendant by August 10, 2009. The fact that the amount of goods not paid as of August 10, 2009 was 21,689,520, and the fact that the amount of goods not paid as of August 10, 2009 does not conflict between the parties, or that it is recognized by comprehensively taking account of the overall purport of the pleadings as to the witness F’s testimony.

Therefore, barring special circumstances, the defendant is obligated to pay to the plaintiff 21,689,520 won for the price of goods and damages for delay.

B. No separate determination is made as to the defendant's defense of performance.

Since the defendant defenses that the above claim for the price of goods has expired by the prescription, the fact that the latest due date for payment on August 10, 2009, out of the above claim for the price of goods, is the same as seen earlier, and it is apparent that the plaintiff's lawsuit of this case was filed on May 22, 2013, which was three years after the above lawsuit of this case was filed. Thus, the above claim for the price of goods had already expired by prescription before the lawsuit of this case was filed.

As such, the defendant's above defense is reasonable.

C. According to the theory of lawsuit, the plaintiff's claim for this part is without merit.

2. Determination as to the claim of KRW 15,528,492 for the cost of goods such as edible materials

A. Plaintiff’s assertion 1) From October 22, 2010 to January 7, 2011, the Plaintiff supplied the Defendant with dental equipment, such as appliances, and the amount of goods unpaid as of January 7, 201 is KRW 68,721,400. (2) The Plaintiff supplied dental equipment to the Defendant on November 19, 201 and December 8, 2010 and the amount of goods unpaid as of December 8, 201 is KRW 2,502,50.

3. On May 2009, the Defendant received goods amounting to KRW 100,000,000 from a national bank with loans from the national bank and paid to the Plaintiff by means of reverse purchase, and then the said goods amounting to KRW 100,000.

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