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(영문) 수원지방법원성남지원 2016.07.13 2016가단8960
물품대금
Text

1. The Defendant received a refund from the Plaintiff at the same time from the Plaintiff, and at the same time, KRW 21,163,120 to the Plaintiff.

Reasons

From January 7, 2016 to February 5, 2016, the Plaintiff supplied the Defendant with an excessive packaging ticket amounting to KRW 21,163,120 may be recognized in full view of the overall purport of the pleadings in each of the evidence Nos. 1 and evidence Nos. 2 (including a serial number). According to the above facts of recognition, the Defendant is liable to pay to the Plaintiff KRW 21,163,120 and delay damages, unless there are special circumstances.

Therefore, the Defendant asserted that the above payment cannot be made before the refund of the bill delivered to the Plaintiff. Thus, the Defendant’s endorsement on the electronic bill as indicated in the attached list for the payment of the goods of this case and transferred it to the Plaintiff. The Plaintiff’s possession of the above electronic bill is without dispute between the parties. Since the Defendant’s obligation to pay the goods of this case and the Plaintiff’s obligation to return the electronic bill are related to the Plaintiff’s simultaneous performance, this part of the Defendant’

Therefore, at the same time, the Defendant is obliged to pay the Plaintiff 21,163,120 won with 15% interest per annum from April 2, 2016 to the day of full payment, which is the day following the service of the original copy of the instant payment order, to the day of the original copy of the instant payment order.

Therefore, the plaintiff's claim is justified only within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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