(영문) 서울북부지방법원 2017.11.14 2016나3766

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Reasons

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자간(%)

(영문) 서울북부지방법원 2017.11.14 2016나3766

물품대금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur engaged in clothing-related business under the trade name of “D” in Article 56 of the C Building Underground, and the Defendant is an individual entrepreneur engaged in clothing-related business under the trade name of “F” in Daegu Jung-gu.

B. From August 5, 2006 to July 22, 2014, the Plaintiff made a transaction between the Defendant and the Defendant, and when the Plaintiff supplies goods, such as clothes, to the Defendant, the Defendant has made a transaction by paying the price for the goods to the Plaintiff (hereinafter “instant transaction”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 3, 5, 8, and Eul No. 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the parties' assertion 1) The defendant has caused the lack of payment for the goods for the instant transaction. As a result, the defendant's unpaid goods amounted to 8,477,000 won, so the defendant is obligated to pay the plaintiff the above price for the goods with the pain and delay damages. 2) The defendant paid all the price for the goods, and paid the plaintiff the amount higher than the price for the goods to be paid. Thus, the plaintiff's claim cannot be accepted.

B. In full view of the following circumstances acknowledged by the respective descriptions and the purport of Gap evidence Nos. 3, 5, and 8, and Eul evidence Nos. 9 from August 5, 2006 to December 19, 2009, it is reasonable to view that the defendant paid all the remaining goods price to the plaintiff with respect to the transaction between August 5, 2006 and December 19, 2009 among the instant transaction.

① The Plaintiff: (a) provided goods to the Defendant at each time; and (b) provided the receipt to the Defendant through the transaction at issue; (c) the amount, unit price, and amount of the goods supplied by the Plaintiff to the Defendant through the transaction at issue; and (d) the goods paid by the Defendant before the transaction at issue; and (c)

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