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(영문) 수원지방법원안산지원 2020.09.16 2020가단2779
물품대금
Text

1. The defendant's KRW 42,269,630 as well as 6% per annum from February 4, 2020 to September 16, 2020 to the plaintiff.

Reasons

1. The Plaintiff, who manufactures chemical products and wholesale and retail businesses, sells chemical products 180,445,540 won, such as BC-100, to the Defendant, who runs wholesale and retail business from January 2016 to March 2019, and received KRW 138,175,910 as the price.

[Ground of recognition] A.1 to 5, 7, 8, 1 (including each number in case of a tentative number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 42,269,630 (i.e., KRW 180,45,540 - KRW 138,175,910) and the damages for delay calculated at the rate of 12% per annum under the Commercial Act from February 4, 2020 following the day following the service of the complaint (payment order) as sought by the Plaintiff, which is the day of the decision of this case, until September 16, 2020, which is the day of the decision of this case and the day of full payment, to the day of this decision.

B. The Plaintiff asserts that, from December 2018 to April 2019, the Plaintiff supplied the Defendant with chemical products equivalent to KRW 8,933,000 without issuing a tax invoice, and received only KRW 1,00,000 as the price, and accordingly, sought the remainder of KRW 7,93,000.

The Plaintiff’s assertion seeking payment of KRW 7,933,00 is insufficient to recognize that the Plaintiff supplied chemical products to the Defendant as alleged above, and there is no other evidence to acknowledge this.

3. The plaintiff's claim for conclusion is accepted within the extent of the above recognition, and the remaining claims are dismissed as they are without merit.

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