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Reasons
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(영문) 수원지방법원 2019.07.11 2018가단527349
물품대금
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1. The Defendant’s KRW 17,506,513 as well as the Plaintiff’s KRW 6% per annum from April 19, 2018 to July 11, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells cosmetics, etc., and the Defendant is a company that runs the business of manufacturing and selling cosmetics.

B. From February 2015, the Plaintiff and the Defendant traded cosmetics through TV home shopping to the Defendant who sells the cosmetics (hereinafter “instant goods transaction”), and the instant goods transaction continued until February 27, 2018. As of April 18, 2018, the balance of the goods price that the Defendant owes to the Plaintiff is KRW 137,864,711.

C. When the payment of the Defendant’s above goods payment was delayed, the Plaintiff received KRW 40 million from D Co., Ltd., which guaranteed the Defendant’s performance of the obligation to pay for the goods to the Plaintiff according to the instant goods transaction on June 7, 2018, and collected KRW 20,358,198 by exercising the right to the certificate of deposit provided by the Defendant to the Plaintiff to secure the obligation arising from the instant goods transaction on November 8, 2018.

Meanwhile, in order to secure the obligation to pay for the goods to the Plaintiff following the instant goods transaction, E completed the registration of creation of a neighboring mortgage with respect to F apartment G, the maximum debt amount of which is KRW 60 million, the debtor, the defendant, and the mortgagee of the right to collateral security, and paid KRW 60 million as the repayment for the Plaintiff on January 23, 2019.

【Ground of recognition】 Evidence Nos. 1, 2, 4 through 12, Evidence Nos. 1, 5, 10, 11, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant, barring any special circumstance, shall perform its duty from April 19, 2018 to the Plaintiff, as sought by the Plaintiff from April 19, 2018, as follows: (a) KRW 17,506,51 won for the remainder of the goods (i.e., KRW 137,864,711 - 4,000,000 won-20,358,198-6,000 won) and thereafter.

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