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(영문) 인천지방법원부천지원 2017.07.14 2017가단256
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 47,250,000 and the interest rate of KRW 15% per annum from January 24, 2017 to the day of complete payment.

Reasons

1. The facts that there is no dispute between the parties to the dispute as to the facts of recognition, and the purport of the entire arguments in Gap evidence Nos. 1 through 3 is comprehensively taken into account, the fact that the plaintiff supplied the defendant on September 2, 2016 a shoulder of KRW 500 (30km) equivalent to the price of the goods to the defendant on September 2, 2016, the defendant prepared a written confirmation of acceptance of the goods on September 3, 2016, and the defendant paid KRW 30,000,000 out of the price of the goods to the plaintiff on September 7, 2016.

2. Determination:

A. According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 47,250,000 (=7,250,000 - 30,000), which is payable to the plaintiff.

B. As to this, the defendant asserts that the parties to the contract between the plaintiff and the non-party B were not the defendant, and the defendant purchased the shoulder from the plaintiff Eul, and paid the remaining goods price of KRW 47,250,000 to the plaintiff B, so the claim of this case is groundless

The fact that the plaintiff supplied the shoulder to the defendant through the introduction of B is not a dispute between the parties.

However, in full view of the following: (a) the Defendant directly supplied a shoulder from the Plaintiff and issued the certificate of acceptance to the Plaintiff; and (b) the Defendant purchased a shoulder from the Plaintiff, there is no special reason to pay part of the price of the goods to the Plaintiff; and (c) there is no reason to deem otherwise that a sales contract was concluded between the Defendant and B; and (d) there is no evidence to prove that the Defendant paid KRW 47,250,000 to the Plaintiff as alleged in the above, it is difficult to see that the above fact of recognition alone is a contracting party; and (b) it is reasonable to see that the Defendant is a contracting party to whom the Plaintiff received a shoulder directly from the Plaintiff, and therefore, the above argument by

C. Therefore, the Defendant calculated the Plaintiff at the rate of KRW 47,250,00 and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 24, 2017 to the day of full payment, which is the day following the delivery of a copy of the instant complaint.

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