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(영문) 춘천지방법원 원주지원 2018.02.13 2017가단4163
물품대금
Text

1. As to the Plaintiff’s KRW 44,69,232 and KRW 27,21,305 among them, the Defendant against January 1, 2017, KRW 17,477,927.

Reasons

Facts of recognition

A. In around 2012, the Plaintiff entered into a contract with the Defendant to supply steel products to the Defendant, under which the Defendant would pay the price for the goods to the Plaintiff by the end of the following day, and supplied steel products to the Defendant.

B. As of January 1, 2015, the amount of goods that the Defendant had not paid to the Plaintiff was KRW 1,184,174.

C. From January 10, 2015 to November 30, 2016, the Plaintiff supplied the Defendant with steel products worth KRW 405,442,738 in total, and steel products worth KRW 17,477,927 in total from December 1, 2016 to December 31, 2016, respectively.

From January 12, 2015 to March 7, 2017, the Plaintiff received a total of KRW 379,39,398,550 from the Defendant and appropriated it to the principal of the price of goods for which the payment has first arrived. The Plaintiff offsets the Defendant’s unpaid claim of KRW 7,057 against the Defendant’s non-paid claim of KRW 7,057 against the Defendant on an equal amount.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7, determination of the purport of whole pleadings

A. According to the facts of recognition, barring any special circumstance, the Defendant: (a) 27,221,305 won (=1,184,174 won for unpaid goods as of January 1, 2015 + 405,42,738 won for goods supplied by the Plaintiff from January 10 to November 30, 2016; (b) 379,398,550 won for the Defendant’s repayment from January 12, 2015 to March 7, 2017; (c) 1,184,174 won; and (d) 405 won for goods supplied by the Plaintiff from January 1, 2017 to November 30, 2016 to December 17, 2017; and (e) 379,39,50 won for each of the instant goods supplied by the Plaintiff from January 1, 2017 to March 7, 2017; (c) 17.27.17.

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