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Reasons
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(영문) 서울남부지방법원 2017.04.21 2016가단38379
물품대금
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1. The Defendant shall pay to the Plaintiff KRW 21,370,200 and the interest rate of KRW 15% per annum from October 11, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in printing, printing, etc. with the trade name of “C”, and the Defendant is a person engaged in printing, etc. with the trade name of “D”.

B. Around April 30, 2009, the Plaintiff received the outstanding amount of KRW 21,257,214 from the Defendant. The Defendant approved it. On the same day, the Plaintiff supplied the Defendant with a printing board equivalent to KRW 1,830,400 (including value-added tax; hereinafter the same shall apply) and the Defendant settled KRW 2,50,000, and the balance became KRW 20,587,614.

C. After that, on May 31, 2009, the Plaintiff supplied the Defendant with a printing board equivalent to KRW 2,50,071,810, and the Defendant settled KRW 2,500,000 and the balance was KRW 20,159,424. Under the same method, the Plaintiff continued to supply the Defendant with a printing board until June 29, 2012 and received a settlement of the price for the goods. As of June 29, 2012, the balance of the price for the goods was KRW 30,680,204.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, Gap evidence Nos. 2 and 3-1, 2, Gap evidence No. 5-1 through 5, Gap evidence Nos. 6-1 through 36, and the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 21,370,200 won (30,680,204 won - 9,310,004 won) and damages for delay, excluding 9,310,04 won, for which the plaintiff has been paid the balance of the above goods 30,680,204 won.

On the other hand, the defendant asserts that he paid 31,349,500 won in total over 17 times from March 10, 2011 to February 2, 2016.

In addition, it is difficult to view that the Defendant paid the Plaintiff’s her her her her her her her her her her her her her her her her her her her her her her her her her her her she paid the sum of KRW 5,000,000 on May 24, 201, and KRW 1,50,000 on November 5, 201, and KRW 5,00,000 on March 26, 2013. In addition, it is difficult to view that the Defendant’s her her her her her her her her her her her her her her her her her her her her her her her her she paid

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