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(영문) 수원지방법원 안산지원 2021.01.13 2020가단5341
물품대금
Text

1. The defendant's KRW 36,445,598 and its related 6% per annum from April 1, 2020 to April 9, 2020 to the plaintiff.

Reasons

1. Determination on the cause of the claim

A. ① During the period from September 30, 2018 to March 26, 2020, the Plaintiff supplied the Defendant with the goods, such as 282,945,598 won in total (hereinafter “the instant goods”), and ② the Defendant repaid the Plaintiff a total of KRW 246,50,000 to the price of the instant goods between October 1, 2018 and March 11, 2020, may be recognized by taking account of the overall purport of the pleadings as indicated in the evidence No. 1 to 17, and No. 21.

B. Therefore, the Defendant is obligated to pay to the Plaintiff delayed damages calculated by applying each ratio of 12% per annum under the Commercial Act from April 1, 2020 to April 9, 2020, which is the delivery date of the original copy of the instant payment order, and from the next day to the day of full payment, to the day of delivery of the goods.

2. Judgment on the defendant's assertion

A. The Defendant paid KRW 3,00,000 as the price for the instant goods on May 15, 2019, and KRW 2,000,000 on June 27, 2019, and KRW 2,000 on August 10, 2019, and KRW 2,00,000 on August 31, 2019, and KRW 2,00,000,000 on August 31, 2019, and KRW 15,264,359 on September 30, 2019.

The argument is asserted.

B. According to the evidence evidence No. 21, the defendant's transfer of money as alleged above to the plaintiff is recognized, but considering the whole purport of the argument in the evidence No. 2, 7, 8, 12, 14, 15, and 16 of the defendant's assertion, the above remittance amount of the defendant's assertion is not the price of the goods of this case, but it is recognized that the defendant's transfer amount was paid to D's goods with the same trade name as the defendant's business entity at the same location as the defendant's business entity. Thus, the defendant's assertion is not accepted.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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