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(영문) 부산지방법원 2015.04.08 2014가단98690
물품대금
Text

1. The Defendant’s KRW 20,621,00 for the Plaintiff and KRW 6% per annum from November 22, 2014 to April 8, 2015.

Reasons

1. The Plaintiff, a company engaged in the food materials distribution business, etc., of which judgment on the cause of the claim is based on the trade name “B” from May 2014 to September 2014, supplied food miscellaneous goods to the Defendant who runs the wholesale and retail business, and the fact that the Defendant was not paid the price for the goods of KRW 24,621,00 as of October 2014 by the Defendant is not disputed between the parties, or that the Plaintiff was paid the price for the goods from the Defendant, based on the overall purport of the pleadings as a whole. Meanwhile, on November 19, 2014, the Plaintiff was paid four million won out of the price for the goods from the Defendant.

According to the above facts, the Defendant is obligated to pay the Plaintiff the amount of KRW 20,621,00 (=24,621,000 - KRW 4 million) remaining after the above partial repayment, and to pay damages for delay calculated at the rate of 6% per annum under the Commercial Act from November 22, 2014, the following day after the delivery date of the original copy of the instant payment order, which is the day following the delivery date of the original payment order, until April 8, 2015, which is reasonable for the Defendant to dispute over the existence or scope of the obligation.

2. As to the Defendant’s assertion, the Defendant asserted that on November 19, 2014, the Plaintiff repaid KRW 5,000,000 out of the price of the goods to the Plaintiff. As such, the Defendant’s assertion that the Plaintiff received reimbursement of KRW 4,00,000 out of the price of the goods from the Defendant on November 19, 2014 is as seen earlier, but there is no evidence to prove that the Defendant paid the price of the goods in excess of the above amount of payment. Therefore, the Defendant’s assertion is difficult to accept.

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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