(영문) 광주지방법원순천지원 2020.05.27 2019가단80500

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(영문) 광주지방법원순천지원 2020.05.27 2019가단80500

물품대금

Text

1. The defendant shall pay 32,509,500 won to the plaintiff and 12% per annum from January 11, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. From August 12, 2016 to August 30, 2016, the Plaintiff supplied the Defendant with a total of KRW 190,009,50 (hereinafter “instant price for goods”) for self-helping.

B. However, as of October 18, 2016, the Defendant paid only KRW 157,500,000 out of the price of the instant goods to the Plaintiff, and did not pay the remainder of KRW 32,509,500 ( KRW 190,009,500-157,500).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the defendant shall pay 32,509,500 won for the unpaid goods and delay damages to the plaintiff, except in extenuating circumstances.

B. As to this, the Defendant asserted that there was an agreement between the Plaintiff, the Defendant, and C (hereinafter “Nonindicted Company”) to accept the Defendant’s obligation to pay for the goods of this case as a discharge from liability, but the evidence alone submitted by the Defendant alone is insufficient to acknowledge that there was an agreement to assume the obligation with the discharge from liability, and there is no other evidence to acknowledge otherwise.

Therefore, this part of the defendant's argument is without merit.

Next, the defendant asserts that since the plaintiff's goods supplied to the non-party company had remaining goods worth KRW 123,500,000, including the goods of this case, the plaintiff refused to return the goods from the non-party company despite the opportunity to recover the price, the price for the goods resulting from the plaintiff's refusal to return shall be offset against the claim amount.

The defendant's assertion on this part is without merit, since there is no basis to acknowledge that the defendant has the right to automatic claim equivalent to the price of the goods as alleged above.

C. Thus, the defendant shall pay 32,509,500 won to the plaintiff and the following day after the delivery of a copy of the complaint of this case.

유사 판례

-대구지방법원 2016.09.01 2015나15762

-수원지방법원 2015.04.09 2014가단56450

-서울중앙지방법원 2018.05.04 2017가단5222019

-부산고등법원 2016.07.21 2015나2355

-수원지방법원 안산지원 2018.03.07 2017가단53524