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(영문) 인천지방법원 2020.11.12 2020나55308
물품대금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Defendant purchased clothing in the clothing shop operated by the Plaintiff between around 2011 and May 2014.

The defendant purchased part of the goods on credit.

B. From July 26, 2015 to March 2018, the Plaintiff sent several instances of letters demanding the Defendant to pay the price for clothes, and made calls.

The defendant did not respond properly to the plaintiff's letter or did not answer specific questions concerning the payment of the price of clothes while avoiding contact.

C. Around February 8, 2018, the Plaintiff sent a content-certified mail to the Defendant seeking payment of KRW 21,905,000 of the price of the clothes purchased from February 8, 2011 to May 2014.

B. Around March 5, 2018, the Plaintiff filed a complaint against the Defendant on suspicion of fraud.

The Defendant requested the Plaintiff to revoke the complaint, and the Plaintiff revoked the complaint on March 12, 2018.

The defendant remitted 5 million won to the plaintiff on the same day.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 7, Eul evidence 1, whole purport of oral argument

2. Assertion and determination

A. In light of the fact that there is no dispute over the cause of the claim, Gap evidence No. 1, Gap evidence No. 3 through No. 6, and the whole purport of the arguments and arguments, it is acknowledged that the defendant sent a text message to the effect that the amount of credit is KRW 21,905,000 on May 14, 2014 after the defendant deposited the credit account books prepared by the plaintiff on a daily basis; the plaintiff sent a text message to the defendant that the amount of credit is KRW 21,905,000 on February 5, 2018; and the plaintiff sent a text message to the effect that the amount of credit is KRW 21,90,000 on February 23, 2018 and March 23, 2018.

In light of the above facts of recognition, the defendant is obligated to pay the plaintiff 16,905,00 won after deducting 5,000,000 won paid from 21,905,000 won from March 12, 2018 as the amount of clothing credit to the plaintiff, and damages for delay.

B. The Defendant’s judgment on the Defendant’s assertion is the last day of springing 2014.

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