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(영문) 서울중앙지방법원 2017.11.23 2017가단5114989
물품대금
Text

1. As to KRW 192,84,260 among the Plaintiff and KRW 168,57,790 among them, the Defendant shall pay to the Plaintiff KRW 6,056,60 from February 1, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff is the business of manufacturing and selling the raw body for clothing, and the defendant is the business of manufacturing and selling clothes.

B. The Plaintiff’s KRW 183,57,790 for clothes, equivalent to the Plaintiff’s KRW 183,57,790, Jan. 31, 2017, and KRW 6,056,60 for clothes, equivalent to KRW 6,600, Feb. 28, 2017; and

5. 31. 17.81 31. 17. 17.81,380 won each supplied raw materials for clothing.

C. In addition, the Plaintiff spent 368,490 won to be borne by the Defendant at the Defendant’s request.

Defendant on April 7, 2017, the same year to the Plaintiff.

1. 31. The Plaintiff paid KRW 15,00,000 out of the original amount supplied on 31.31. The Plaintiff appropriated it for repayment of the above original amount claim.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 6 (including virtual numbers) and the purport of all pleadings

2. The assertion and judgment

A. According to the facts found prior to the occurrence of the obligation to pay goods, etc., the Defendant is obligated to pay the remainder of the original cost to the Plaintiff (=(183,57,790 won - 15,000 won) and KRW 17,881,380] and KRW 368,490.

B. The defendant's argument regarding the plaintiff's assertion is that the defendant made the clothing as a raw material for clothing supplied by the plaintiff to the plaintiff, supplied it to the customer, received the clothing payment from the customer, and paid part of it to the plaintiff as the above raw material payment. Since the defendant did not receive the above clothing payment from the customer, it is argued to the purport that he may refuse to pay the above raw material payment to the plaintiff until he is paid the above clothing payment from the customer, but there is no evidence to prove that the defendant agreed as above with the plaintiff. Thus, the defendant's argument is without merit

C. According to the theory of lawsuit, the Defendant’s remainder of the original amount and the indemnity amount of KRW 192,884,260 [=(183,57,790 won - 15,00,000 won - 6,056,600 won 17,881,380 won 368,490 won].

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