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(영문) 의정부지방법원고양지원 2017.08.18 2017가단6569
물품대금
Text

1. The Defendant’s KRW 21,002,840 as well as 6% per annum from April 27, 2017 to August 18, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the business of manufacturing and selling plastic bags, and the Defendant is engaged in the wholesale business such as the printed paper under the trade name “B.”

B. The Plaintiff supplied bags, etc. to the Defendant from December 2, 2015 to February 2017, and the balance of the goods price claim as of February 2017 was KRW 31,982,840.

C. Thereafter, the Defendant paid KRW 1,00,000 to the Plaintiff on March 22, 2017, and KRW 1,000,000 on April 17, 2017, and KRW 2,980,000 on May 31, 2017, and KRW 3,000,000 on June 30, 2017, and KRW 3,000,00 on July 31, 2017, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including branch numbers), the purport of the whole pleadings

2. According to the above facts of determination, the Plaintiff’s claim for the amount of goods against the Defendant was KRW 31,982,840 as of February 2017, and thereafter, the Defendant paid KRW 10,980,000 to the Plaintiff (= KRW 1,000,000, KRW 2,980,000, KRW 3,000,000, KRW 3,000,000, KRW 21,982,840, KRW 31,982,840 (= KRW 31,982,840); and thereafter, the remainder of the Plaintiff’s claim for the amount of goods payment against the Defendant is KRW 10,980,00 ( KRW 10,980,000).

Therefore, the defendant is obligated to pay to the plaintiff 21,002,840 won and the delay damages calculated at the rate of 15% per annum under the Commercial Act from April 27, 2017 to August 18, 2017, which is the day following the delivery date of a copy of the complaint in this case, where it is deemed reasonable for the defendant to dispute about the existence of the obligation or the scope of the obligation.

3. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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