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(영문) 대구지방법원 2019.12.18 2019나5305
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is rendered on January 1, 201.

Reasons

1. The assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff supplied the Defendant with goods related to the household, such as “original salary, bend, smart base, etc.” by July 13, 2018, but did not pay KRW 13,745,710 out of the price of the goods. As such, the Defendant is obligated to pay the Plaintiff the price for the goods and the delay thereof.

B. The defendant's assertion that the amount of the unsettlemented amount claimed by the plaintiff is based on the trade ledger prepared by the plaintiff, and the unsettlement amount is merely 2.8 million won.

C. Determination is based on the following circumstances, i.e., Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2 (including each number), and the overall purport of arguments, i.e., the defendant has been continuously engaged in transactions with the plaintiff and still remains. ② The deposit records of the defendant paid 10 million won to the plaintiff on May 31, 2018 and the amount of the plaintiff's deposit account is consistent; ③ the defendant deposited to the plaintiff on January 29, 2018 (i.e., KRW 19 million) (i., KRW 5 million on February 14, 2018; KRW 4 million on May 31, 2018; KRW 2.8 million on May 31, 2018; and the amount remaining after being paid to the plaintiff by the defendant on August 28, 2018.

Therefore, from July 14, 2018 to February 11, 2019, the delivery date of the original copy of the instant payment order, the Defendant’s KRW 13,745,710 for the goods price to the Plaintiff and the following day after the Plaintiff supplied the goods finally, 5% per annum under the Civil Act and the promotion of litigation.

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