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(영문) 서울중앙지방법원 2018.11.22 2017가합557014
물품대금 및 대여금 청구
Text

1. As to KRW 1,172,362,812 among the Plaintiff and KRW 1,008,523,502 among the Plaintiff, the Defendant shall start from February 1, 2017 to August 25, 2017.

Reasons

1. Facts of recognition;

A. On April 23, 2008, the Plaintiff and the Defendant’s goods transaction 1) are various different types of different types of different types of different types of different products and the Defendant is a company that engages in wholesale and retail business. (2) On April 23, 2008, the Plaintiff continued to sell the typists for automobiles produced, imported, and sold by the Plaintiff with the Defendant to the Defendant, and the Defendant entered into a wholesale agency transaction contract with the Defendant to purchase them (hereinafter “instant contract”).

According to Article 4 of the contract of this case, the defendant shall pay the price of goods within 30 days after the issuance of the tax invoice, and if the payment is not made, he shall pay damages for delay at the rate of 10% based on the Bank of Korea standard interest rate.

3) In accordance with the instant contract, the Plaintiff continued to supply the Defendant with typists for automobile use. On March 31, 2013, the Plaintiff supplied the Defendant with typists equivalent to KRW 4,645,196,348 with the remainder of KRW 2,068,309,70, from April 4, 2013 to November 2016. Meanwhile, the Defendant paid KRW 5,704,982,55 to the Plaintiff from April 2013 to November 2016 as indicated below, and the Defendant returned the goods equivalent to KRW 2,739,178 (= KRW 2,235,706, KRW 284,50, KRW 50) with the remainder of KRW 284,50,00, KRW 500, KRW 2830, KRW 503,472) with the sales claim either appropriated or deducted the sales claim.

5) Under Article 4 of the instant contract, damages for delay calculated by adding 1.25% to the Bank of Korea base interest rate of 1.25% as of January 31, 2017 and 11.25% as of January 31, 2017 pursuant to Article 4 of the instant contract for the remainder of KRW 1,008,52 shall be KRW 113,839,310 in total as shown in the following table. B. On October 24, 2012, the Plaintiff lent the Plaintiff’s loan to the Defendant on condition that the Plaintiff repay KRW 50,000,000 to the Defendant within five years from the date of receipt of KRW 50,00 from the date of receipt of KRW 1,83,50 in total. [Grounds for recognition] The each entry, including a serial number, and the purport of the entire pleadings.

2. Determination

(a) above;

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