(영문) 인천지방법원 2018.09.20 2018나2035 | 리걸엔진

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(영문) 인천지방법원 2018.09.20 2018나2035

물품대금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The Plaintiff claimed at the first instance trial for the payment of KRW 5,370,00 for the amount of KRW 5,370,000 for the goods and the damages for delay calculated at the statutory rate from the day following the delivery of a copy of the complaint of this case to the day of full payment. The court of first instance dismissed the part claiming for the payment of KRW 2,370,00 for the goods and the damages for delay calculated at the statutory rate from August 30, 2017 to the day following the delivery of a copy of the complaint of this case, which is the day following the delivery of a copy of the complaint of this case, until February 7, 2018, which is the day of the first instance judgment from August 30, 2017 to the day of complete payment.

With respect to this, the plaintiff only appealed the above dismissed part. The scope of the judgment of this court is limited to the above 3,000,000 won and the damages for delay calculated at the legal rate from August 30, 2017 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case.

2. Basic facts

A. The Defendant sold the clothes, and the Plaintiff supplied the clothing to the Defendant.

B. The Plaintiff supplied clothing to the Defendant from 2014 to 2015, and the Defendant paid KRW 15,000,000 to the Plaintiff, but did not pay the remainder of KRW 5,370,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-2, 3, and 2-2, and purport of the whole pleadings

3. According to the facts finding as above, the Defendant is obligated to pay to the Plaintiff the amount of KRW 5,370,000 for goods and damages for delay calculated at the statutory rate from August 30, 2017 to the day of full payment, which is the day following the delivery of a copy of the instant complaint sought by the Plaintiff, on the date of completion of the transaction, barring special circumstances.

4. Whether to reduce the price;

A. The Defendant, around 2015, reduced the amount of KRW 3,000,000 from the said amount of the goods to the Defendant.

유사 판례

-인천지방법원 2018.09.20 2018나53101

-부산지방법원 2015.02.04 2014가합15739

-서울북부지방법원 2017.11.14 2017가단7443

-인천지방법원 부천지원 2021.04.21 2020가합949

-창원지방법원 2017.04.28 2016가단13201