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(영문) 서울남부지방법원 2016.05.27 2016가합102741
물품대금
Text

1. The Defendant: (a) on January 1, 2016, 200 won and KRW 111,135,090 among Plaintiff Venes Korea Co., Ltd. and its amount.

Reasons

1. Basic facts

A. The Defendant is a company that sells goods with credit card points accumulated by credit card users as the price and receives the price from a credit card company. The Plaintiffs are the companies that supply the goods sold by the Defendant to the Defendant.

B. Plaintiff VeneS Korea Co., Ltd. (hereinafter “Plaintiff VeneS Korea”) supplied the Defendant a total of KRW 130,123,600 (including value-added tax; hereinafter the same shall apply) from June 2015 to September 2015. The Defendant paid Plaintiff VeneS Korea KRW 7,875,000 out of the price of the goods.

C. Plaintiff Plus Korea Co., Ltd. (hereinafter “Plaintiff Plus Korea”) supplied goods equivalent to KRW 142,025,90 to the Defendant from July 2015 to December 2015. The Defendant paid KRW 15,111,800 out of the price of the said goods to the Plaintiff Plus Korea.

[Ground of recognition] Facts without dispute, Gap 2 through 5 (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff VeneS Korea the unpaid amount of KRW 122,248,60 (i.e., the supply price of KRW 130,123,600 - KRW 7,875,000), KRW 126,914,100 (i.e., the supply price of KRW 142,025,000 - KRW 15,111,800), and to pay the Plaintiff PeneS Korea the delayed amount of KRW 111,135,090 from January 5, 2016 following the delivery of the original copy of the payment order in this case, to the Plaintiff PeneSS Korea from the day of delivery of the original copy of the payment order in this case until the day of delivery of the copy of the claim in this case and damages for delay from the 15th of April 16, 2016.

In this regard, the defendant shall pay the unpaid price for the goods for which the plaintiff seeks payment in this case is not the actual price for the goods.

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