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(영문) 서울북부지방법원 2017.06.20 2016가단33049
물품대금
Text

1. The Defendant paid KRW 1,952,00 to the Plaintiff KRW 6% per annum from October 20, 2015 to June 20, 2017.

Reasons

1. The facts of recognition are that the Plaintiff operates B selling all kinds of food. The Defendant is a company established for the purpose of exporting and importing agricultural and fishery products, and the fact that there was a commodity transaction relationship between the Plaintiff and the Defendant with respect to the Jeju Jeju Jeju Jeju Island from December 9, 2014 to April 24, 2015, or that there was no dispute between the parties, or that there was a written evidence No. 3 and the purport of the entire pleadings.

2. The parties' assertion

A. The Plaintiff has the following claim against the Defendant for the purchase price of goods.

(1) During the period of the aforementioned recognition with the Defendant, the Defendant and the Plaintiff requested the Defendant to release the goods cost of KRW 16,124,70 [the final balance on the Cash Shipment (Evidence A2)] on December 22, 2014, and the Plaintiff requested the Defendant to deliver the goods to the Defendant. Accordingly, the Defendant is obliged to pay the total amount of KRW 26,469,350 [the KRW 360,200 among the 360 boxes and 201,000 boxes) incurred from the delivery of the goods from the Habel warehouse [the KRW 10,344,650 [the KRW 2,3] on December 24, 2014, the Defendant is obligated to pay the goods cost of KRW 26,469,350 and delay damages.

B. The Defendant cannot accept the Plaintiff’s claim for the price of the goods based on the cash book (Evidence A2). Since the Jeju Jeju Jeju Jeju Jeju High District Trade Association’s transaction details between the Defendant and the Plaintiff are the same as the entry in the account book that arranged transactions with the Plaintiff in 2014-2015, the items claimed by the Plaintiff are most already reflected in the above account book and thus, they cannot be separately claimed, and the price of the goods based on the above account book is entirely paid by the Defendant to the Plaintiff.

3. Determination

A. The Plaintiff, based on the instant claim, submitted a cash receipt and disbursement book and a invoice (Evidence A (Evidence A (Evidence 1) which form the basis for the preparation thereof. The above invoice was not only part of the transaction of goods entered in the cash receipt and disbursement book, but also on December 26, 2014.

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