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(영문) 서울중앙지방법원 2016.10.05 2016가단5161117
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 36,039,825 and the interest rate of KRW 15% per annum from June 15, 2016 to the day of complete payment.

Reasons

1. Determination as to the cause of the claim (However, the applicant is the plaintiff and the respondent is deemed the defendant) is not disputed between the parties, or can be recognized in full view of the purport of Gap's entries and the whole arguments. Thus, the defendant is obliged to pay to the plaintiff the amount of goods 36,039,825 won and damages for delay calculated at the rate of 15% per annum from June 15, 2016 to the day of full payment, which is the day following the day when a copy of the complaint of this case was served to the defendant.

2. As to the Defendant’s defense, the Defendant asserted that there is no obligation to pay the price for the goods to be paid upon deducting the Defendant’s above fee claim from the Plaintiff’s claim for the above price for the goods since the Plaintiff sold the clothing equivalent to KRW 213 million in total from December 10, 2015 to July 2016, and paid the Defendant a fee of KRW 53,250,000,000 equivalent to KRW 2550,000,000,000 from December 10, 2015 to July 2016. However, the Defendant’s defense has no merit since there is no evidence to acknowledge that the Plaintiff sold the clothing equivalent to KRW 213,00,000 from December 10, 2015 to the Defendant, and there is no evidence to prove that the claim for the fee of KRW 5325,000,000,

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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