logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.10.23 2014가합24513
물품대금
Text

1. The Defendant’s KRW 366,712,216 as well as annual 6% from January 31, 2013 to September 2, 2014 to the Plaintiff.

Reasons

1. Under each of the following facts, facts may be acknowledged by integrating each of the statements in Gap evidence Nos. 1 to 3 as a whole.

The plaintiff is a company selling medical appliances, etc., and the defendant is a doctor.

B. On March 9, 2011, the Defendant opened a Council Member C, and was supplied with juices from the Plaintiff during the period from September 14, 201 to November 21, 2012. The value of the goods supplied by the Plaintiff is KRW 168,919,656.

C. Meanwhile, Nonparty D, who opened the Council on January 2, 2012, was supplied by the Plaintiff with Boxa and Mebaum products from March 29, 2012 to April 27, 2012.

The value of goods supplied by the Plaintiff to Nonparty D is KRW 232,792,560.

On October 23, 2012, Nonparty D closed the above hospital. On January 23, 2013, the Defendant changed the name of Nonparty D’s member to E, and subsequently, on January 25, 2013, the Defendant acquired the goods payment obligation against Nonparty D’s Plaintiff.

E. On January 30, 2013, the Defendant repaid KRW 35,000,00 to the Plaintiff.

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 366,712,216 (i.e., KRW 168,919,656 won - KRW 232,792,560 - KRW 35,00,000) and damages for delay calculated at the rate of 20% per annum under the Commercial Act from January 31, 2013 to September 2, 2014, which is apparent in the record that the delivery date of the copy of the instant complaint is the delivery date of the instant complaint, and from the following day to the day of full payment, to the day of full payment.

(3) The plaintiff's claim for delay damages from January 30, 2013, the repayment date, but the initial date of delay damages is from the next day after the repayment date. Thus, the plaintiff's claim for delay damages is without merit. 3. The plaintiff's claim is justified within the above recognition scope, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

arrow