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(영문) 서울남부지방법원 2016.10.12 2016가단205995
의류납품대금 청구의 소
Text

1. The Defendant’s KRW 4,993,517 as well as the Plaintiff’s KRW 6% per annum from February 20, 2016 to October 12, 2016.

Reasons

1. 0 The Plaintiff’s determination on the cause of the Plaintiff’s claim is the clothing company that manufactures sports uniforms and the A-out clothes products and supplies them to the wholesaler, and the Defendant operates the clothing company’s agency with the trade name of “C”.

0 From 2012, the Plaintiff has supplied the Defendant with clothes, such as Taekwondo clothes, tickets, and labels, and other articles related to Taekwondo.

0. According to the evidence evidence No. 6 (in light of the purport of witness D’s testimony and pleading, this is recorded in detail as electronic data managed inside the Plaintiff Company, and in particular, the details of return as of January 27, 2014, which are consistent with the Defendant’s assertion, and thus, the authenticity is recognized) of the transaction between the original Defendant, the transaction of supplying goods between the original Defendant was terminated on January 27, 2014 by returning the goods totaled of KRW 39,907,80, including the sum of KRW 974, which the Plaintiff deemed as follows, as of January 27, 2014, and it is recognized that the balance of the outstanding amount at the end of the transaction was 45,693,517.

0) Therefore, barring special circumstances, the Defendant is obligated to pay the outstanding amount to the Plaintiff KRW 45,693,517 and delay damages.

2. Judgment on the defendant's assertion

A. The following facts are recognized, either in dispute between the parties or in full view of the following evidence and the purport of the entire pleadings:

0 The Defendant, on or around July 8, 2013, is “bulve goods” and thus, can be easily seen in light of the empirical rule as follows: (a) the Plaintiff produced from the Defendant with a request for production from the Defendant and then supplied the instant goods to B.

Therefore, the witness E’s statement that the Defendant requested the Plaintiff to make the instant crowdfunding around July 2013 is believed in accordance with the empirical rule.

In providing samples as shown in attached Table 1 to the Plaintiff, the Plaintiff requested the Plaintiff to produce 5,000 punishments for Cloulphal Sports (Items: 13 CloulS; hereinafter the same shall apply) as indicated in the same paragraph (2).

[Witness E] 0.0.

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