logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.01.09 2018나60635
물품대금
Text

1. Of the judgment of the court of first instance, the Plaintiff’s KRW 8,866,715 and KRW 6,774,130, among the judgment of the court of first instance, shall be from August 1, 2017.

Reasons

1. In full view of the purport of the arguments in Gap evidence Nos. 1, 2 (including paper numbers), and Eul evidence Nos. 3 and 5 as to the cause of the claim, the plaintiff, who engages in the distribution business, concluded a contract for the supply of goods with the defendant who operates the restaurant (the defendant concluded a franchise store contract with C, provided goods accordingly, and did not conclude a contract for the supply of goods with the plaintiff. However, in light of the fact that the defendant directly ordered the goods to the plaintiff, the employee of the plaintiff delivered the goods to the defendant, the defendant directly deposited the goods into the plaintiff's account, and the plaintiff issued a tax invoice against the defendant, etc., it can be sufficiently recognized that the contract was concluded between the plaintiff and the defendant. The plaintiff supplied goods, such as business, to the defendant from August 2014 to July 2017; the plaintiff and the defendant agreed to settle the price of goods as of the end of the following month on April 2016; and the defendant's payment of the goods as of July 16, 2017.

According to the above facts, with respect to KRW 8,866,715 and KRW 6,774,130 as of the price of goods and KRW 8,774,130 as of August 1, 2017, which the Plaintiff seeks after the date following the date of payment, the date of the payment of the price of goods for July 31, 2017 according to the settlement agreement between the Plaintiff and the Defendant on September 1, 2017, as of September 1, 2017, the date of the payment of the price of goods for KRW 8,866,715, and KRW 6,774,130 as of the price of goods, unless there is any assertion or proof that the Defendant lost the benefit of the deadline, damages for delay with respect to the price of goods for July 20, 2017.

From January 9, 2019, the adjudication date of this Court, which is deemed reasonable to dispute the existence or scope of the obligation, each Defendant is obligated to pay 5% interest per annum and 15% interest per annum from the following day to the date of full payment.

2. The defendant's assertion.

arrow