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(영문) 부산지방법원 2017.07.13 2016가단63933
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 154,885,992 and the interest rate of KRW 15% per annum from October 27, 2016 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. (1) From May 2, 2013 to December 17, 2013, the Plaintiff supplied valves, diskettes, pipes, etc. to the Defendant. As to this, the Plaintiff issued a tax invoice to the Defendant as indicated in the following table purchase amount column, and the Defendant paid the price of the goods as indicated in the following table payment column.

A

B. The sum of the goods that the Plaintiff did not receive from the Defendant is KRW 154,885,992.

[Ground for recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers), and the purport of the whole pleading

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 154,885,992 payable to the Plaintiff and the damages for delay calculated at the rate of 15% per annum from October 27, 2016 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff.

2. Judgment on the defendant's assertion

A. 1) The Plaintiff’s claim for the purchase price of goods against the Defendant (hereinafter “instant claim for purchase price of goods”).

A claim is established when the Plaintiff issues each tax invoice. Since the instant lawsuit was filed on September 5, 2016, the Plaintiff’s payment for the goods corresponding to the portion supplied prior to September 5, 2013 has expired three years after the lapse of such period. (ii) Even if such payment is not so, the Defendant paid to the Plaintiff a total of KRW 118,00,000. The Defendant paid KRW 74,619,634 and KRW 95,381,465, total amount of KRW 170,000 and KRW 52,01,09 (170,09,09-18,000,000,000, and KRW 301,000,000) to the Plaintiff’s payment of the goods price claim as of April 30, 2013 and KRW 175,301,031,000,000,000,0313.

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