(영문) 의정부지방법원고양지원 2019.05.17 2018가합70212

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(영문) 의정부지방법원고양지원 2019.05.17 2018가합70212

물품대금

Text

1. The Defendant’s KRW 253,543,080 as well as 6% per annum from December 1, 2017 to May 17, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who manufactures steel structures, etc. and engages in wholesale and retail business, etc. under the trade name of “C,” and the Defendant is a company that manufactures and sells furniture displays and wholesale and retail business.

B. The Plaintiff’s dynamics D made business registration with the trade name “E” and produced and supplied a household, etc. to the Defendant from around 2013 to September 2014.

C. On August 30, 2014, the Plaintiff registered its business with the trade name “C” and followed transactions with the Defendant of “E”, and manufactured and supplied the Defendant with the furniture, etc. from October 2014 to November 2017.

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

2. The parties' assertion

A. The Plaintiff’s assertion: (a) entered into a contract for goods supply with the Defendant while acquiring the claim for goods payment against the Defendant in the “E” operated by D; and (b) manufactured and supplied the goods to the Defendant from October 2014 to November 2017; and (c) the Defendant paid KRW 3,338,60 to the Defendant for the goods payment of KRW 282,621,580 (i) the total amount of the tax invoice issued by the Plaintiff 813,076,30 - KRW 530,454,750 (i) the total amount of the tax invoice issued by the Plaintiff - KRW 285,960,180 (= KRW 3,338,600), and delay damages therefrom.

B. The Defendant alleged that he was supplied with the household, etc. from the Plaintiff and paid the price of the goods after consultation with the Plaintiff. Since the Plaintiff unilaterally claims the price of the goods based on the amount of the tax invoice and the transaction statement issued by the Plaintiff without going through the aforementioned settlement process with the Defendant, the amount of the goods claimed by the Plaintiff cannot be recognized.

3. Determination

A. D. Determination on the claim for the purchase price of goods supplied by D is made to the Defendant.

유사 판례

-수원지방법원성남지원 2016.01.19 2014가합205818

-의정부지방법원 2015.10.07 2015나6822

-인천지방법원 2016.05.10 2015가합6728

-서울동부지방법원 2016.03.18 2015나25633

-수원지방법원 2017.01.11 2016가단16678