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(영문) 인천지방법원 2020.12.22 2020나55278
물품대금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells indoor lighting fixtures, and the Defendant is a person who distributes and sells lighting fixtures in the trade name of “C”.

B. From April 10, 2012 to November 22, 2017, the Plaintiff received an order from the Defendant for various lighting fixtures and supplied them to the Defendant by means of credit transaction.

C. Accordingly, the Plaintiff supplied the Defendant with lighting fixtures equivalent to the total amount of KRW 47,602,790 (hereinafter “the instant goods”) during the pertinent period. The Defendant paid only KRW 43,961,890, out of which the Defendant paid the remainder of KRW 3,640,90 (=47,602,790 - KRW 43,961,890).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the price of the goods in this case and damages for delay thereof to the plaintiff, unless there are special circumstances.

B. The Defendant’s assertion and the Plaintiff’s rebuttal assertion were continuously traded with the Plaintiff from January 3, 2012 to December 21, 2017, and KRW 43,479,800 in total with the Plaintiff’s account from January 30, 2012 to October 31, 2012, and KRW 13,622,00 in total with the Plaintiff’s bank account as of October 31, 2012 to pay KRW 57,101,80 in total as the price for goods during the above period (=43,479,800,000 in total) from January 30, 201 to October 31, 2012 to the Plaintiff’s bank account as of January 30, 2012 to pay KRW 13,62,80 in total with the Plaintiff’s company director E for the above period. This is in excess of the amount of goods in this case.

As to this, the Plaintiff: (a) January 3, 2012 and the same year from among the money paid by the Defendant to the Plaintiff’s account.

4. 10. Total 6,799,000 won (=3,257,000 won) and 2.

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