(영문) 서울중앙지방법원 2018.05.04 2017가단5222019

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(영문) 서울중앙지방법원 2018.05.04 2017가단5222019

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 66,957,797 and the interest rate of KRW 15% per annum from December 15, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. The defendant is a corporation that carries on the business of manufacturing paintings and wholesale and retail business, and the plaintiff is a corporation that carries on the business of manufacturing clothes and the business of importing yarns.

B. The Plaintiff continues to supply the original goods to the Defendant over several years, and the Defendant has been engaged in goods transaction in the form of credit transaction in which part of the price is continuously settled. The amount of the Defendant’s unpaid goods as of November 23, 2017 is KRW 66,957,797.

[Ground for Recognition] Unsatisfy, Gap evidence 1 to 8

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 66,957,797, and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 15, 2017 to the date of full payment, as the Plaintiff seeks.

B. As to this, the defendant brought 94,342,856 won, such as raw materials, etc. which the plaintiff did not order, to the defendant, and stated that "the plaintiff will make and sell the raw materials, and return all remaining materials to the plaintiff," and that "the defendant would return them to the original body, etc., and thereafter made a part of the raw materials from the raw materials, processing fees, etc., and then paid 27,385,059 won for the goods to the plaintiff. Since the defendant kept 7,424,830 won among the goods brought to the plaintiff as inventory and stored 77,424,830 won for the goods brought to the plaintiff, it shall be returned to the plaintiff in accordance with the original agreement, and since 11,817,603 won, such as the processing expenses, storage expenses, etc. paid by the defendant to the plaintiff who was forced to supply them to the plaintiff, the defendant does not have any goods payment to the plaintiff to the plaintiff.

However, it is not sufficient to recognize the defendant's assertion only with the descriptions of the evidence Nos. 1 to 3 (including paper numbers), and there is no other evidence to prove it.

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-소송촉진 등에 관한 특례법

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