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(영문) 광주지방법원 2018.01.19 2017나5460
물품대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The Plaintiff’s cause of the Plaintiff’s claim is the fact that the Plaintiff sells agricultural chemicals, agricultural materials, etc. under the trade name “D,” and the Defendant’s purchase price of agricultural chemicals, agricultural materials, seeds, etc. from 2006 to 2007 is KRW 2,411,000 for the goods unpaid to the Plaintiff, while the amount of KRW 600,000 for the remainder of April 15, 2006 is not deducted from the actual number, and thus, the amount of goods actually received from the Defendant is not 2,411,000 won but 1,81,000 won for the goods that were not actually received from the Defendant (2,411,000 won).

The fact that there is no dispute between the parties, or that there is evidence Nos. 1 and 2 may be acknowledged if it is added to the whole purport of the pleading.

According to the above facts, the defendant is obligated to pay to the plaintiff damages for delay calculated by the ratio of 1,811,000 won and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the date of service of a copy of the complaint of this case to October 1, 2014, which is appropriate for the defendant to dispute on the existence of the obligation or the scope of the obligation, until January 19, 2018, and from the next day to the date of full payment (applicable to the interest rate before the date of closing the argument of the first instance court as of October 15, 2014) to each of the following amounts.

2. Judgment on the defendant's defense

A. The defendant asserted that the additional repayment defenses of 180,000 won on June 20, 2007 (=200,000 won recognized as the plaintiff - the amount recognized as the plaintiff 20,000 won) and the additional payment of 300,000 won on December 2, 2007, in addition to the amount of the plaintiff's person making the payment, the defendant asserted that he paid the additional payment of 30,000 won on June 20, 2007. Therefore, the defendant's defenses are without merit.

B. The Defendant’s defense of extinctive prescription was filed on May 12, 2014 after three years from December 31, 2009, which was the date of final repayment, and accordingly, the instant claim for the price of goods was extinguished upon the expiration of the extinctive prescription period. However, the purport of the entire pleadings is as follows.

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