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(영문) 서울중앙지방법원 2015.09.11 2013가합85603
물품대금
Text

1. Defendant B shall pay to the Plaintiff KRW 130,400,000 as well as 20% per annum from January 16, 2015 to the date of full payment.

Reasons

1. Around July 2003, the Plaintiff sold 210 million won in total to Defendant B (hereinafter “instant clothing price”). Defendant B at the time agreed to pay the instant clothing price in installments to the Plaintiff four times, including KRW 50 million on September 20, 2013; KRW 20 million on October 20, 2013; and KRW 50 million on November 20, 2013; and KRW 61,114,000 on December 25, 2013. The fact that there is no dispute between the parties or that Defendant B agreed to pay the instant clothing price in installments to the Plaintiff on four occasions, including KRW 50 million on November 20, 2013.

2. Claim against the defendant B

A. According to the facts acknowledged in paragraph (1) of the judgment on the Plaintiff’s cause of claim, Defendant B is obligated to pay the Plaintiff the remainder of KRW 169,114,00, excluding KRW 42,286,00,00, which the Plaintiff was paid out of the instant clothing payment, barring any special circumstance.

B. Defendant B purchased 50,000 won from the Plaintiff on the defense of Defendant B. However, in fact, it was a inventory of the amount of KRW 1,00,000 per page 1,000 won per page 1, and the Plaintiff brought 30 out her her her her her her her her her her her her her her her her her her her her her her her her she was returned only six her her her her her her her her her her her her her her her her her her she she she was obligated to pay to the Plaintiff (= Chapter

B) However, as seen below, the above defendant's amount of the above clothes exceeds the above amount of the above clothes and the amount to be deducted, so it cannot respond to the plaintiff's claim. (1) The above defendant paid 8,316,000 won in total by paying 38,030,000 won in addition to the above amount of 42,286,000 won which the plaintiff first owned as the above clothes. (2) The plaintiff without permission brought 300 points in the above defendant's burial, which brought about 80 points in the above defendant's burial, and returned only 80 points in the above defendant's burial, and the remaining 20 points in the market price (=20 x average 860,000 won) was not returned. The above defendant's other goods and office's market price directly brought about an amount of KRW 3,00,000 in the above defendant's burial.

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