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(영문) 수원지방법원 2016.11.15 2016가단506928
물품대금
Text

1. The Defendant’s KRW 16,818,248 for the Plaintiff and 12% per annum from February 1, 2015 to January 27, 2016.

Reasons

1. Basic facts

A. On January 1, 2014, between the Defendant and the Plaintiff, the Plaintiff entered into a sales agency agreement (hereinafter “instant agency agreement”) under which the Plaintiff entered into between January 1, 2014 and December 31, 2014 with respect to the term of contract regarding “Porcean” among the products handled by the Plaintiff, by settling accounts for the price from January 1, 2014 to December 31, 2014, 50% in the following month, and 50% in cash within two months, on condition that the unpaid amount shall be paid in addition to the overdue interest of 1% per month.

B. The Plaintiff supplied the Defendant with a total amount of KRW 75,656,160 (including surtax) from October 17, 2013 to January 21, 2015.

C. On November 18, 2014, the Defendant purchased 1,711 goods to the Plaintiff and sent the e-mail stating that the inventory quantity is 1,051.

On July 2015, the Plaintiff recovered 918 items equivalent to KRW 31,342,50 from the Defendant.

E. On August 17, 2015, the Defendant prepared and delivered to the Plaintiff a letter of payment that he/she would pay KRW 48,160,748 to the Plaintiff by December 15, 2015 (hereinafter “instant letter of payment”), but failed to comply therewith.

Grounds for recognition: Gap 3-5, Gap 6-1, 2, Eul 1, and the whole purport of the pleading.

2. Determination

A. According to the above facts finding as to the plaintiff's cause of claim, the defendant did not pay 48,160,748 won to the plaintiff, and the plaintiff recovered goods equivalent to 31,342,50 won from the defendant.

As such, the defendant is obligated to pay to the plaintiff 16,818,248 won after deducting 31,342,50 won of the above recovered goods from the 48,160,748 won of the above unpaid goods and to pay 12% interest rate per annum from February 1, 2015 to January 27, 2016, the delivery date of the complaint of this case, and 15% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

The defendant shall pay the price of goods within two months from the month in which the goods are supplied.

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