(영문) 광주지방법원 2017.03.22 2016가단41000

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(영문) 광주지방법원 2017.03.22 2016가단41000

물품대금

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion

A. On April 8, 2015, the Plaintiff supplied steel products to the Defendant, but was not paid KRW 9,147,995 out of the price of the goods. The Plaintiff supplied steel bars equivalent to KRW 15,168,920 on April 30, 2014, but did not receive the price.

B. On December 15, 2014, the Plaintiff supplied goods equivalent to KRW 17,079,90,000, including surtax, from the Defendant, and paid the price, but the Plaintiff did not refund KRW 1,552,719,000,000 paid by the Defendant even though the Defendant did not issue the tax invoice.

C. The Plaintiff filed a lawsuit against the Defendant for the claim for the price of goods No. 2016Gaso43031, which is the cause of the claim.

(a) and (b)

The contents of the claim are equally the same, and the outstanding amount was KRW 25,869,634, but the claim amount was erroneously stated in KRW 10,593,232 and was sentenced to a judgment.

Accordingly, the instant lawsuit is filed to receive the outstanding amount.

2. In a case where a person who received a final and conclusive judgment in favor of him/her has re-appealed, the benefit of the lawsuit is denied as a result of seeking a judgment identical to the judgment in the previous lawsuit, and where a claim for remainder is made in the subsequent suit, the claim for remainder of the subsequent suit does not conflict with the res judicata.

Therefore, in full view of the whole purport of the argument in Gap evidence No. 4, the plaintiff shall be entitled to the above 1-mentioned District Court 2016 Ghana43031.

(a) and (b)

On October 18, 2016, the plaintiff filed a lawsuit claiming the amount of KRW 10,593,232 and damages for delay at the rate of 15% per annum from the day following the delivery of a copy of the complaint to the day after the completion of the lawsuit, and the judgment became final and conclusive at that time. The plaintiff did not clearly state that damages for delay at the rate of 15% per annum from the day after the delivery of a copy of the complaint to the day after the completion of the lawsuit.

유사 판례

-청주지방법원 2016.04.06 2015가단14440

-대구지방법원 2013.7.12.선고 2012나24116 판결

-부산지방법원동부지원 2016.01.13 2015가단13838

-서울남부지방법원 2015.04.24 2014가단70447

-광주지방법원 2016.06.22 2016가단12293