(영문) 인천지방법원 2015.04.28 2014가합44

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(영문) 인천지방법원 2015.04.28 2014가합44

물품대금 등

Text

1. The Defendant shall pay to the Plaintiff KRW 119,439,245 and the interest rate of KRW 20% per annum from August 28, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. From May 2009, the deceased, including the network B’s business, engaged in electrical appliances trading business in the name of “D” with the name of the business operator C from May 2, 2009, under the name of “D”. In addition, from February 2, 2011, the deceased engaged in electrical appliances trading business in the name of “F” with the name of the business operator as the deceased.

B. The Plaintiff and the Deceased’s transactional relationship 1) purchased electrical appliances from the Deceased from around 2009 to the Plaintiff, and the Plaintiff paid advance payment to the Deceased, accordingly, supplied electrical appliances to the Plaintiff, and settled the mutual price thereafter. 2) The Plaintiff paid advance payment to the Defendant KRW 1,601,608,670 in total to the account in the name of C or the Deceased from July 11, 2009 to December 3, 2013.

3) From around 2009 to around 2013, the Deceased supplied the Plaintiff with each of the electrical appliances equivalent to KRW 1,362,85,28 5 with the trade name of “D”, and KRW 132,367,40 with the trade name of “F”. 4) Of the electrical appliances supplied by the Deceased for “D,” the electrical appliances equivalent to KRW 9,423,70 with the trade name of “D” were returned to the Plaintiff. Of the electrical appliances supplied for “F, the amount of KRW 3,629,560 with the trade name of “F” was equivalent to KRW 1,482,169,425 [the value of the electrical appliances supplied to the Plaintiff by the Deceased” was returned to the Plaintiff on the grounds of each defect (i.e., the “D” related to KRW 1,353,431,585,25,285,285,289 -36,737,728.

C. The deceased’s death and the Defendant’s inheritance deceased on December 19, 2013, and the Defendant, the only inheritor of the deceased, inherited the deceased’s property solely.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 3, 5 through 16 (including each number; hereinafter the same shall apply), Eul evidence Nos. 6 and 14, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant shall pay to the plaintiff advance 119,439 equivalent to the value of the electrical appliances that the deceased did not deliver.

유사 판례

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