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(영문) 광주지방법원 2020.09.16 2019가단514998
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 144,342,028 and the interest rate of KRW 12% per annum from May 28, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the business of selling medicines, etc., and the Defendant is a pharmacist that operates the “D Pharmacy” located in Jeonnam-si.

B. The Plaintiff supplied drugs to the Defendant from around 2009 to April 2018 when the Defendant continued to engage in a continuous transaction with the Defendant.

C. As of January 25, 2019, the Defendant’s outstanding amount remains in KRW 144,342,028.

(hereinafter referred to as “instant claim for the price of goods”) / [the grounds for recognition] / The fact that there is no dispute, each entry of Gap 1 through 6 (including each number; hereinafter the same shall apply), witness E’s testimony, and the purport of the whole pleadings.

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the outstanding amount of KRW 144,342,028 and the damages for delay calculated at the rate of 12% per annum from May 28, 2019 to the day following the day of complete payment, which is the day of delivery of a copy of the complaint of this case.

3. Judgment on the defendant's defense

A. The Defendant’s defense of the defense that the Defendant paid the full amount by transferring the price of the goods to the account on a one-month basis after receiving the goods, not on credit transaction, but on credit transaction. However, there is insufficient evidence to acknowledge that the Defendant paid the full amount of the goods to the Plaintiff solely on the basis of the evidence Nos. 1 and 2. The Defendant’s defense of this part is without merit.

B. (1) The summary of the claim regarding the defense of extinctive prescription (1) is that the Defendant, while engaging in the transaction with the Plaintiff and the goods, repaid in full the price for the goods accrued between December 30, 2016 and April 26, 2018 on an average one-month period. The Plaintiff’s claim for the price for the goods arising from the transaction between the Plaintiff and the Defendant is subject to the short-term extinctive prescription period of three years. The starting point of the claim is not the end of the continuous transaction but the individual transaction claim is the date of occurrence, and the Plaintiff issued a certificate of content to the Defendant.

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