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(영문) 의정부지방법원고양지원 2020.11.06 2020가단3980
물품대금
Text

1. The defendant's KRW 20,000,000 for the plaintiff and 6% per annum from May 22, 2020 to November 6, 2020, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in the manufacture and wholesale of stone in the trade name of “C”, and the Defendant is a person engaged in construction business of stone with the trade name of “D”.

B. From around 2016 to August 2018, the Plaintiff continued to sell stone to the Defendant and failed to receive KRW 78,643,009.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above findings of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 78,643,00,000, less KRW 37,400,00, which the Plaintiff itself acknowledges that it offsets the Defendant’s claim for construction cost against the Plaintiff, and the damages for delay therefrom, unless there are special circumstances to the contrary.

3. The defendant's defense was set up on December 29, 2019, and the defendant agreed to pay the plaintiff KRW 20,000,000 after settling a claim and obligation with the plaintiff on December 29, 201. Thus, the defendant's claim for the amount exceeding the above scope

The fact that the Plaintiff and the Defendant settled a claim and obligation between the two parties on December 29, 2019 and that the Defendant agreed to pay KRW 20,000,000 to the Plaintiff is either a dispute between the parties or that the entire purport of the pleading is added to the statement in the evidence No. 1.

Therefore, the defendant is obligated to pay 20,000,000 won and damages for delay pursuant to the above settlement agreement. Since the plaintiff's claim which exceeds this is extinguished, the defendant's defense pointing this out is reasonable, and the plaintiff's claim exceeding the amount under the above settlement agreement is without merit.

The plaintiff's above settlement agreement is based on the condition that the defendant pays the above settlement amount to January 13, 2020, and the above settlement agreement was null and void because the defendant did not pay the settlement amount by the above date. However, the above settlement agreement is just based on the evidence submitted by the plaintiff.

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