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Reasons
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(영문) 서울중앙지방법원 2014.06.25 2013가단5133708
물품대금
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1. The Defendant’s KRW 30,000,000 and its related amount are 5% per annum from August 27, 2013 to June 25, 2014 to the Plaintiff.

Reasons

1. The Plaintiff (hereinafter “D”) who operated the wholesale business of medical appliances from the date of April 21, 2005, operated the wholesale business of medical appliances until April 21, 2005, supplied the Defendant with a medical device until April 21, 2005, and was not paid part of the price for the goods. The fact that the Defendant agreed to settle the price for the goods unpaid at KRW 30,000,000 with the Defendant around April 21, 2005 is not a dispute between the parties, and barring any special circumstance, the Defendant is obligated to pay the Plaintiff the above KRW 30,000,000 and delay damages therefor.

The defendant asserts that the plaintiff's husband E paid 15,00,000 won around December 28, 2012, and 12,00,000 won around February 22, 2013, and exempted 3,00,000 won, and paid 3,00,000 won in full.

According to the evidence evidence Nos. 1 and 2, the fact that the defendant paid KRW 15,00,000 to E around December 28, 2012, and KRW 12,00,000 to E around February 22, 2013 may be acknowledged. However, there is no evidence to acknowledge that E has the right to receive payment of the above goods payment claim, and in full view of the purport of the whole pleading in witness E’s testimony, E retired from office with the Plaintiff on April 2012, and the defendant can be recognized as having paid the above goods payment to E even if he knows such circumstance well, so the defendant’s payment of KRW 27,00,000 to E is null and void as repayment to an unentitled person. Thus, the defendant’s obligation to pay the above goods to the plaintiff is not extinguished, and the defendant’s assertion is without merit.

2. The Plaintiff alleged that the Plaintiff supplied a medical device to the Defendant from April 22, 2005 to June 2010, and did not receive KRW 36,020,000 from the price of the goods. As such, each of the items of lives and 3 through 8 (including the above numbers) are alone stated.

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