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(영문) 인천지방법원 2020.12.17 2019나4809
납품대금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence No. 1, Gap evidence No. 2, and Eul evidence No. 1, and there is no counter-proof.

On March 4, 2011, the Defendant registered its business with the trade name “C” and filed a report on the closure of business on August 1, 2012.

B. The Plaintiff is a person who engages in wholesale and retail business of fishery products under the trade name of “D,” and the Plaintiff supplied the Defendant with fishery products by June 28, 2012, and the Defendant did not pay KRW 9,061,800 for the goods.

C. On June 18, 2015, the Plaintiff supplied 80,000 won of fishery products to the Defendant, and the Defendant paid 80,000 won to the Plaintiff.

The Defendant prepared and sent to the Plaintiff the following explanatory notes (hereinafter referred to as “instant notes”).

I agree that the total outstanding amounts shall be paid in full by the end of October of this year.

I will be held liable for civil or criminal liability when making the above matters available.

E Yneung City F

E. On August 23, 2007, the Defendant filed a move-in report with the F2th floor in Gangnam-si. On April 14, 2016, the Defendant filed a move-in report with the Gangnam-si G apartment and H, and the location of the business place of “C” is Gangnam-si I.

2. Determination

A. The Plaintiff’s assertion 1) The Defendant was supplied with goods from the Plaintiff by June 18, 2015, and each of the instant notes was prepared on August 2015, and paid the price for goods by the end of October 2015. As such, the extinctive prescription is underway from November 1, 2015. Therefore, the Defendant is obligated to pay the Plaintiff the price for the goods unpaid and the amount of KRW 9,061,800, and the amount for delay damages therefor. 2) As such, the period when the Defendant alleged by the Defendant was supplied with fishery products from the Plaintiff by the Plaintiff is until June 28, 2012. Fishery products supplied by the Defendant on June 18, 2015 are limited to temporary transactions, not to extend the previous transaction, and each of the instant notes are issued by the Defendant from March 4, 2011 to August 1, 2012.

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