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(영문) 부산지방법원서부지원 2020.08.19 2019가단9956
물품대금
Text

1. The Defendant paid KRW 7,618,50 to the Plaintiff KRW 6% per annum from October 31, 2019 to August 19, 2020.

Reasons

. Facts of recognition.

A. The Plaintiff is a manufacturer and dealer of construction equipment. On July 3, 2017, the Plaintiff entered into a contract with the Defendant for the Korean General Sales Agency for D (hereinafter “instant goods”) among the construction equipment (hereinafter “instant contract”).

B. The Plaintiff, based on the instant contract, supplied the instant goods to the Defendant, but failed to receive the price of the goods, thereby increasing the outstanding amount.

C. On September 25, 2019, the Plaintiff and the Defendant decided to reverse the instant contract, and drafted a written agreement with the following contents (hereinafter “instant agreement”).

After September 25, 2019, the agreement of this case shall be reversed under mutual consultation without civil or criminal dispute.

*The outstanding amount as of September 25, 2019: 36,618,500 agency deposit: -10,000,000 A/S compensation subsidy: -16,618,500,000 won total outstanding amount of KRW 16,618,500,000 *E outstanding amount: KRW 7,000,000 (prepaid on September 30, 2019) (prepaid on September 30, 2019) *F shall be recovered in cooperation with each other, but shall be acquired and used in G at the time of auction.

On December 10, 2019, the Defendant paid KRW 16 million to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. According to the above facts as to the claim of the outstanding amount of KRW 16,618,500 between the Plaintiff and the Defendant, the Defendant is obligated to pay the Plaintiff the price of KRW 16,618,500 for the instant goods. Among them, the Defendant paid KRW 16,00,000 on December 10, 2019, and thus, is obligated to pay the remainder of the unpaid amount of KRW 618,50 for the goods (=16,618,500 - KRW 16,618,500) and damages for delay.

In regard to this, the Defendant alleged that the Plaintiff supplied approximately KRW 1.6 million to the Plaintiff, i.e., non-paid 4 boxes of bit 400,000,000. However, the Defendant supplied the non-paid 4 boxes of bit as the repayment order for the amount of the goods in question.

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