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(영문) 청주지방법원 2019.10.24 2019나983
물품대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff is a company engaging in the business of selling the sti-ro pumps building steel, and the Defendant is a person engaged in wholesale and retail business of building materials under the trade name of C. 2) The Plaintiff’s supply time for the instant goods according to the evidence and the specification of transactions submitted by the Plaintiff around August 1, 2006, cannot be known as at any time prior to August 1, 2008 (only the Plaintiff indicated as “3,14,350 won” around August 1, 2008, and the Defendant stated that the amount carried over by the Plaintiff was a transaction in around 2006.

From September 25, 2017, a total amount of 35,059,536 won was supplied to the Defendant (see, e.g., Supreme Court Decision 25th) to September 25, 2017.

3) From September 18, 2008 to September 25, 2017, the Plaintiff received the total amount of KRW 25,694,930,00 from the Defendant’s account or from cash payment from the Defendant’s account from September 18, 2008, and the Plaintiff was paid the discounted amount of KRW 7,80,00. [The Plaintiff did not have dispute over the grounds for recognition, the entry in the evidence Nos. 3, 5, 6, and 2, and the purport of the entire pleadings.

B. Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of KRW 9,356,806 (=the amount of KRW 35,059,536 - the amount of the goods paid - the amount of KRW 25,694,930 - the amount of discount KRW 7,800) and damages for delay.

2. Judgment on the defendant's defense

A. In the event that several monetary obligations exist due to the continuous monetary transactions between the same parties in the same legal doctrine as a single-related legal doctrine, as long as a partial repayment of an obligation takes effect as a part of the obligation, the interruption of prescription takes effect as to the whole of the obligation. In the event that several monetary obligations exist due to the continuous business relations between the same parties, the obligor has discharged as a part of the obligation the entire obligation, barring special circumstances, to the contrary.

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