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(영문) 서울남부지방법원 2017.12.22 2017나59992
물품대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a company that produces and sells paints, etc., and the Defendant is a company that manufactures and sells steel structures.

B. The Plaintiff traded to supply paint to the Defendant, and completed the transaction on March 2016, and the balance of the price of the paint supplied at the time of the termination of the transaction was KRW 46,571,168.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of the goods price of KRW 46,571,168 and delay damages calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from March 18, 2017 to the day of full payment, as the Plaintiff seeks.

B. The defendant's argument regarding the defendant is asserted that the plaintiff supplied a tax invoice to A.M., the parent company of the defendant, and the defendant merely issued a tax invoice to the defendant, and the defendant did not receive a paint from the plaintiff. However, in light of the evidence and the repayment plan as mentioned above, the evidence submitted by the defendant alone is insufficient to recognize the defendant's argument, and there is no other evidence to acknowledge it. Thus, the defendant's above argument

3. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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