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(영문) 서울중앙지방법원 2018.07.19 2017가합549174
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 824,794,158 and the interest rate of KRW 15% per annum from April 6, 2017 to the date of complete payment.

Reasons

1. The defendant's obligation to pay goods;

A. The fact of recognition is that the Plaintiff is a stock company operating a special area manufacturing business. Around 2011, the Defendant running a business with the name of “C,” and the Defendant continuously supplied the Defendant with goods, such as B/L, and the Defendant, at the end of each month, entered into a contract for the supply of goods (hereinafter “instant contract”). From June 2016 to February 2017, the Plaintiff supplied the Defendant with goods, such as 824,794,158 won, to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 5, 10, 11 (including each number, if any; hereinafter the same shall apply), witness D's testimony and the purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the amount of unpaid goods supplied from June 2016 to February 2017 under the instant contract, 824,794,158 won, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 6, 2017 to the date of full payment, following the day when the original copy of the instant payment order was served.

2. Judgment on the defendant's assertion

A. Defendant’s assertion 1) The person who was engaged in the business with the trade name “C” in relation to the parties to the instant contract is not the Defendant, but the Plaintiff’s representative, and the Defendant’s spouse E in a divorce lawsuit with the Defendant. Therefore, the Plaintiff and the Defendant are not the Plaintiff and the Defendant, but the parties to the instant contract. (ii) The Defendant paid a total of KRW 1 billion to the Plaintiff from June 2016 to May 2017, and paid a total of KRW 85 billion to the Plaintiff, thereby repaying all the obligation for the payment of goods

3. Preliminary set-off Defendant returned to the Plaintiff the goods equivalent to KRW 1,329,265,828 out of the goods supplied by the Plaintiff in 2016. As such, the Plaintiff is obligated to pay the amount equivalent to the amount of the goods returned to the Defendant, and even if the Defendant, even.

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