logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.06.08 2017가단531075
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 77,035,775 and the interest rate of KRW 15% per annum from January 24, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells tap and pipe products for waterworks, and the Defendant is a personal entrepreneur who sells bathing room products, etc. in the trade name of “C”.

B. On March 31, 2017, the Plaintiff sold to the Defendant an amount equivalent to KRW 107,035,775, such as tap and water pipes. The Defendant paid only KRW 30,000,000 out of the amount of the goods, and did not pay the remainder of KRW 77,035,775.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the unpaid amount of KRW 77,035,775, and damages for delay calculated at the rate of 15% per annum from January 24, 2018 to the day of full payment, which is the day following the day of service of the copy of the application for modification of the claim and the cause of the claim in this case.

3. Judgment on the defendant's assertion

A. The plaintiff and the defendant agreed to return an amount equivalent to KRW 8,089,120 among the goods supplied by the defendant and deduct the amount equivalent to the above amount from the price of the goods unpaid. Thus, the above amount should be deducted. Preliminaryly, upon the termination of the transaction between the plaintiff and the defendant, the defendant does not intend to receive the plaintiff's goods any longer from the defendant's customer due to the characteristics of the goods. Thus, if the plaintiff is not returned the goods equivalent to the above KRW 8,089,120 from the defendant's customer, the defendant must not sell the goods and keep the goods without selling the goods, thereby causing damage equivalent to the above amount. Thus, the plaintiff should compensate the defendant for damages equivalent to the above amount. Thus, the above amount of damages should be deducted from the unpaid goods.

B. We examine the judgment of the Defendant and the Plaintiff solely with the descriptions of the evidence Nos. 1, 2, 3, and 7 of the evidence Nos. 1, 2-2, 3 and 7.

arrow