logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.04.07 2015가단22585
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 44,00,000 and the interest rate of KRW 15% per annum from June 11, 2015 to the date of full payment.

Reasons

1. Determination as to the cause of the claim: (a) the Defendant purchased textile, etc. from the Plaintiff from the Plaintiff until November 2014; (b) issued a bill equivalent to the price of the goods to the Plaintiff; and (c) recovered a bill equivalent to the price when paying the price; (d) the Plaintiff held five (5) bills of exchange issued by the Defendant as of December 18, 2014; and (e) received reimbursement of KRW 6,000,000 from the Defendant on December 30, 2014, there is no dispute between the parties.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 44,00,000 (=10,000 bills of exchange x 5 - 6,000,000) and damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from June 11, 2015 to the date of full payment, which is the day following the delivery of the instant complaint.

2. As to the judgment on the Defendant’s assertion, around 2015, the Defendant received a provisional attachment decision (Seoul Northern District Court 2015Kadan1273) with the claim amount of KRW 30,000 on the Defendant’s real estate in the name of “C”, the Plaintiff’s wife, and thus, the Defendant claimed that the amount equivalent to the claim amount of provisional attachment should be deducted from the price of the goods. However, the Defendant paid the above goods payment obligation solely on the fact that the provisional attachment decision was

The defendant's above assertion is not accepted because it is difficult to see that the debt has been extinguished or that it is extinguished.

3. Thus, we conclude that the plaintiff's claim of this case is reasonable and acceptable.

arrow