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(영문) 의정부지방법원 2016.12.20 2016가단111935
물품대금
Text

1. The Defendant’s KRW 20,834,00 for the Plaintiff and KRW 6% per annum from May 21, 2016 to December 20, 2016.

Reasons

1. Facts of recognition;

A. On December 29, 2014, the Plaintiff (mutual name: B) entered into a contract with the Defendant to supply raw materials of clothing (hereinafter “instant contract”). From January 27, 2015 to the same year under the instant contract.

3. By December 24, 200, the Defendant delivered the original unit to the Defendant, and the work, such as producing the original unit that was supplied, was jointly carried out with C (D).

B. From December 29, 2014 to February 28, 2015, the Defendant paid the Plaintiff the sum of KRW 80 million to the original amount supplied under the instant contract (hereinafter “instant original amount”).

C. On March 28, 2015, the Plaintiff delegated C with the authority to receive the original payment of the instant case, which was unpaid.

From March 30, 2015 to June 3, 2016, the Defendant paid KRW 5,9860,000 to C the sum of the original amount of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 through 6 (including branch numbers; hereinafter the same shall apply), each entry, and the purport of whole pleadings

2. The gist of the Plaintiff’s assertion is as from January 27, 2015 to the Defendant under the instant contract.

3. Until 24. 24. 189,868,107 Won 142,105 must be supplied to the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 52,008,107 and delay damages.

3. Determination

A. The same year from January 27, 2015 under the instant contract to the Defendant

3. The fact that up to 24.24. supplied originals equivalent to KRW 160,694,800 is recognized without dispute between the parties.

However, the evidence submitted by the plaintiff alone is the same year from January 27, 2015 to the defendant under the contract of this case.

3. It is not enough to recognize that the supply of a set exceeding KRW 160,694,80 by the 24.24. There is no evidence to acknowledge it otherwise.

Therefore, the Defendant, barring special circumstances, was paid to the Plaintiff KRW 20,834,80 (=160,694,800,-139,860,000).

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