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(영문) 대구지방법원 2016.07.27 2016나301453
물품대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. There is no dispute between the parties to the judgment as to the cause of the claim, or comprehensively taking account of the overall purport of the statements and arguments set forth in subparagraphs A through 2, the Plaintiff is conducting wholesale and retail business with the trade name of “E”, and the Defendant sold the lawsuit in the original DD market with the trade name “E”. The Plaintiff issued to the Defendant each time it trades with the Defendant, with the Defendant, an invoice stating the name, number, unit price, attempted details, and deposit details (hereinafter “instant invoice”), and the last issued invoice on March 31, 2015, stating KRW 6,622,80 as the Defendant’s attempted balance, respectively.

According to the above facts, the defendant is obligated to pay to the plaintiff 6,622,80 won a year from April 1, 2015 to July 1, 2015, which is the day following the supply of a copy of the complaint in this case, and 6% a year from the next day to September 30, 2015, which is the day of delivery of a copy of the complaint in this case; Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings; Article 3(1) of the Addenda to the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26553, Sept. 25, 2015) (amended by Presidential Decree No. 26553, Sep. 25, 2015); Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015). 205

2. Determination as to the defendant's assertion

A. The Defendant, upon entering into an entrustment contract with the Plaintiff, concluded the settlement of accounts each time of transaction with the Plaintiff, and asserted that the said account was unilaterally prepared by the Plaintiff and thus, cannot be trusted.

The plaintiff is issued when the defendant trades with the plaintiff.

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