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(영문) 서울중앙지방법원 2019.07.15 2019가단5041184
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 72,726,640 and the interest rate of KRW 12% per annum from January 22, 2019 to the day of complete payment.

Reasons

1. In light of the purport of the entire argument in Gap evidence Nos. 1, 3, and 12 as to the cause of the claim, the plaintiff can be recognized as selling the plaintiff's 72,726,640 won in total to the defendant from April 2018 to September 2018. Thus, the defendant is liable to pay to the plaintiff the price of the above goods 72,726,740 won and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 22, 2019 to September 2018.

2. As to the defendant's assertion, the defendant delayed the supply of some supplementary materials, and the defendant paid damages to C Co., Ltd. (hereinafter "C"), which is the original ordering company, to the effect that the amount to be borne by the plaintiff, out of the damages, should be deducted from the amount of goods to be paid by the defendant to the plaintiff, and that some of the above goods amount was delivered to C in lieu of payment of promissory note C.

First, the defendant's argument is considered ①.

According to the evidence Nos. 3 and 4, although the defendant's agreement on delay of supply with C around November 2018 is recognized, the other evidence submitted by the defendant alone is insufficient to recognize that delay of supply was caused by the plaintiff's cause attributable to the plaintiff as alleged by the defendant, and there is no other evidence to acknowledge this differently.

Next, we examine the defendant's second argument.

Where the debtor delivers a bill or check to the creditor with respect to the performance of existing obligations, there is no special declaration between the parties concerned, and if the principal debtor in the bill is not the same as the principal debtor in the cause-related relationship, it is scheduled to pay by the third party, so this is "for payment."

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