(영문) 서울남부지방법원 2019.05.23 2018나3453

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(영문) 서울남부지방법원 2019.05.23 2018나3453

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. According to the overall purport of evidence Nos. 1 through 5 of the judgment on the cause of the claim and the entire pleadings, the Plaintiff is obligated to pay 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 January 3, 2017 to November 15, 2017, to the Defendant, who operates a private house, for the supply of 6,178,304 won out of the price of the goods. Thus, the Defendant is obligated to pay to the Plaintiff 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 March 28, 2018 to the date of full payment, as sought by the Plaintiff.

2. Judgment on the defendant's defense

A. The Defendant asserted that the Defendant paid 1,320,000 won out of the unpaid goods price on August 24, 2017 by means of a card and additionally paid 1,320,000 won. The Plaintiff asserted that the said 1,320,000 won was appropriated for the payment of the claim for the construction price of the unit work against the Defendant.

According to each of the evidence Nos. 8, 8, and 1, the plaintiff performed the scoper construction work, and the fact that the defendant paid 1,320,000 won on August 24, 2017 to the plaintiff by means of a card while the price for the goods unpaid remains. However, the plaintiff and the defendant agreed that 1,320,000 won should be appropriated for the repayment of the price for the goods.

Since there is no evidence to prove that the defendant expressed his/her intent to make the designated appropriation, the defendant's defense is without merit.

B. The defendant of the offset defense requested the plaintiff to construct a sacracker in Chungcheongnam-si, Chungcheongnam-si, and since the plaintiff did not perform the finishing work and incurred a loss of KRW 900,000 from KRW 90,000 to KRW 1,000,00,00, the defendant's defense that the above damage claim is offset against the plaintiff's claim for the payment of goods. Thus, there is no evidence to prove that the plaintiff did not complete the construction of a sacracker.

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