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(영문) 대구지방법원 2017.09.27 2017나2333
물품대금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

Basic Facts

A. The Plaintiff is a legal entity engaged in textile manufacturing and wholesale retail business, and the Defendant is a person engaged in roller sckeing, but butt-kicking, construction business, etc. in the trade name of “C”.

The total annual sales (including VT) of the Defendant 201 59,972,50 won - 39,025,790 won - 39,100 won ,00 won 15,043,370 won 31,950,000 won in 2013 24,473,962 won in 2014 35,240,240,000 won in total 34,142,548 won in 2015 after deducting the total amount of 194,390 won in December 2015 from the total amount of 34,336,938 won in 37,310,000 won in 207,07,000 won in 208,2067,2080 won in 208,2080 won in 2015.

B. From February 7, 2011 to November 24, 2015, the Plaintiff supplied the Defendant with fibers, etc. equivalent to KRW 182,658,220 as indicated in the following table, and the Defendant paid KRW 143,60,000 as the price for goods.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, even though the Plaintiff supplied the Defendant with goods equivalent to KRW 182,658,220, the Defendant did not pay the price of the goods (i.e., KRW 182,658,220 - KRW 143,60,000), and barring any special circumstance, the Defendant is obligated to pay the Plaintiff the price of the goods unpaid to the Plaintiff KRW 39,058,220 and delay damages therefor.

B. As to the judgment on the defendant's defense of repayment, the defendant asserts that the defendant fully repaid the above goods price obligation.

According to the statements in Eul evidence Nos. 1 through 8, the defendant paid to the plaintiff approximately KRW 125,680,710,000 in total, approximately KRW 41,480,00 in total, which is about KRW 125,680,00 in total, which is about KRW 53,710,00 in Samsung Card’s approved amount. This is the fact that the defendant paid to the plaintiff KRW 143,60,00 in total, which is about KRW 77,270,00 in total, which is about KRW 143,60 in total,00 in total, which is about KRW 143,60,00 in total.

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