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(영문) 부산지방법원 2015.01.16 2014나8162
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 2, 1998, the Plaintiff sold f50,000 won of f50,000 won of f50,000 to the Defendant, and received 50,000 won of down payment from the Defendant on the same day.

B. On October 198, the Plaintiff filed an application against the Defendant for a payment order of goods with Busan District Court 98Da3272, and on October 27, 1998, the above court received a payment order stating that “the Defendant shall pay to the Plaintiff 600,000 won and the amount calculated at the rate of 25% per annum from the day following the delivery of the original copy of the instant payment order to the day of full payment” (hereinafter “instant payment order”). The above payment order was finalized on November 22, 1998.

C. Around September 2012, the Defendant prepared and delivered to the Plaintiff a letter (hereinafter “instant letter of payment”) with the following content, and the Plaintiff entered its account number at the bottom of the instant letter of payment.

In case of the payment in writing: 60,000 won on October 6, 191, 70,000 won on November 6, and 60,000 won on December 6: Provided, That when the above deadline is lost, the overdue interest rate of 24% per annum shall be added to the remaining amount.

Each secretary and guarantor: the defendant

D. The Defendant paid KRW 70,000 to the Plaintiff on October 6, 2012 and November 6, 2012 in accordance with the instant payment memorandum.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, 12-2, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The defendant asserts that "the plaintiff is to receive KRW 200,000 from the defendant at the time of the preparation of the letter of payment, and waives his claim for the remainder of the goods payment against the defendant (or exemption from the obligation)." Accordingly, the defendant is obligated to perform only the obligation under the letter of payment, and the plaintiff was to prepare and deliver the letter of payment from the defendant, but the plaintiff renounced his claim for the remainder of the goods payment.

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