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(영문) 서울중앙지방법원 2015.10.08 2015가합12999
물품대금
Text

The defendant shall pay 257,440,690 won to the plaintiff and 20% per annum from April 25, 2015 to the day of complete payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 5 as to the cause of the claim, the plaintiff is a person who runs a wholesale business of medical appliances with the trade name of "B". The defendant is a company that manufactures medical appliances and engages in wholesale and retail business, etc., and the plaintiff supplied medical appliances to the defendant from January 2, 2014 to December 2014 (hereinafter the supply transaction of medical appliances in this case; hereinafter the plaintiff is not paid KRW 257,440,690, out of the supply price. Thus, the defendant is obligated to pay damages for delay calculated at the rate of 20% per annum as stipulated in the "Special Act on the Promotion, etc. of Legal Proceedings" to the plaintiff, barring any special circumstance.

The Defendant’s assertion and its determination. The Defendant asserted that the instant supply transaction was conducted by the Defendant in the course of conducting so-called simple payment as an integrated management of suppliers of medical appliances, including the Plaintiff, which had been in a transaction with C Hospital from January 1, 2014, and was actually conducted in the course of performing so-called simple payment. However, C Hospital’s application for rehabilitation as of January 29, 2015, which was filed by Suwon District Court 2015dan10100, was unable to pay the supply price to the Defendant, and the Defendant was also unable to pay the supply price to the Plaintiff. Thus, the Plaintiff’s claim cannot be complied with.

In full view of the overall purport of the arguments in evidence Nos. 3, 4, and 5, a tax invoice was issued in the name of the defendant with respect to the instant supply transaction, and the transaction partner name prepared by the plaintiff is also the defendant. According to the above facts of recognition, it is reasonable to deem that the parties to the instant supply transaction are the plaintiff and the defendant. Accordingly, the defendant is subject to the instant supply transaction against the plaintiff.

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