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(영문) 서울중앙지방법원 2015.06.19 2014가합42221
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 13,00,000 and the interest rate of KRW 20% per annum from April 25, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The plaintiff is a person engaged in the original order production and sales business with the trade name of C and D, and the defendant is a person engaged in the textile manufacturing business with the trade name of E.

B. From June 2010, the Defendant: (a) kept the original house supplied by the Plaintiff and kept the original house; (b) kept the original house in a direct position upon receiving a request from the Plaintiff; and (c) traded in the form of delivering the original unit in the quantity requested by the Plaintiff.

C. On June 13, 2014, the Plaintiff: (a) visited the Defendant’s factory to liquidate transaction relations with the Defendant; (b) recognized the original intention that the Defendant had kept in custody and could not be used for corruption, etc. or disposed of; and (c) paid KRW 23,00,000 to the Plaintiff by December 2014; and (d) agreed to recover the remainder of the original and original specifications kept by the Defendant.

C. On June 24, 2014, the Plaintiff recovered all original teams kept in the Defendant’s warehouse. D.

On December 24, 2014, the Defendant paid KRW 10,000,000 to the Plaintiff out of the price for KRW 50,000,00,00 in accordance with the above agreement.

[Ground of recognition] Facts without dispute, entry of Eul 2 and 3 evidence, purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant is obligated to pay to the Plaintiff KRW 13,00,000,000, out of the amount of KRW 23,000,000, which was paid for 50,000, which was agreed to pay to the Plaintiff.

B. The Defendant was supplied with the Plaintiff and still remains 90 gyms (excluding two gyms according to the ratio), and 40 gyms must remain if excluding 50 gyms that the Defendant agreed to pay the price due to the destruction by corruption, etc., but the Plaintiff did not remain gyms at the time of recovery in the Defendant warehouse.

In addition, the Defendant did not supply the Plaintiff with Section 1,653 out of the original body that was removed from the Plaintiff’s office as the original body, and the Plaintiff did not recover only 653 out of the original body in the Defendant warehouse.

Therefore, the defendant paid 25,200,000 Won and 1,000 Won Won to the plaintiff.

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