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(영문) 수원지방법원 2018.07.18 2017가합20671
물품대금
Text

1. The Defendant is 6% per annum from February 1, 2015 to November 8, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the manufacture, sale, etc. of the Plaintiff’s primary resin products, building materials products, carbon fibers, and carbon products, and the Defendant is a personal business operator who engages in the business of processing, etc. with the trade name “C”.

B. According to the Defendant’s order, from August 2014 to January 2015, the Plaintiff supplied the Defendant with a total of KRW 483,880,980 to the Defendant, and issued each tax invoice with the Plaintiff and the recipient as the Defendant.

(hereinafter referred to as the “instant contract”) C.

The Defendant repaid to the Plaintiff the purchase price of KRW 101,687,500,00, totaling KRW 101,687,500 on August 8, 2014, KRW 6,687,50 on October 1, 2014, KRW 40,000 on October 31, 2014, KRW 20,000 on November 5, 2014, and KRW 30,000 on November 7, 2014.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 14 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 382,193,480 won remaining after subtracting KRW 101,687,50,00, which was paid by the Plaintiff from the amount of the Plaintiff’s claim, as the price for the goods, and the amount calculated by the annual rate of 6% as prescribed by the Commercial Act, from February 1, 2015 to November 8, 2017, which is the delivery date of the copy of the instant complaint, and from the next day until the day of the full payment, the amount calculated at the annual rate of 15% as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

B. As to this, the defendant introduced the plaintiff, who is employed by D and E to the plaintiff as representative director, and then only issued the tax invoice at the plaintiff's request. Thus, the party to the contract of this case is the plaintiff, D, E, or non-party company, and the defendant is not a party.

However, the following circumstances are acknowledged by considering the overall purport of each of the above evidence.

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