beta
Text
1. The defendant shall pay 49,871,530 won to the plaintiff and 12% per annum from May 26, 2020 to the day of complete payment.
Reasons
1. Basic facts
A. From July 12, 2018, the Plaintiff supplied cosmetics amounting to KRW 80,970,426 to the Defendant by July 31, 2019, including supplying a number of cosmetics for the export of Mexico to the Defendant.
B. The Defendant paid KRW 31,098,896 out of the above cosmetics price.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to the above facts finding as to the plaintiff's cause of claim, the defendant is obligated to pay to the plaintiff 49,871,530 won remaining after deducting the amount of 31,098,896 won paid from the amount of 80,970,426 won, and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 26, 2020 to the date of service of the original copy of the payment order of this case sought by the plaintiff.
3. Judgment on the defendant's assertion
A. 1) The Plaintiff and the Defendant agreed to pay the price of the instant cosmetics after selling them in Mexico, and thus, they cannot respond to the Plaintiff’s request. 2) The Defendant lent KRW 50,000,000 to the Plaintiff, which is set off against the said cosmetics price.
(b) make such arrangements. (b)
Judgment
1) The evidence submitted by the Defendant alone is insufficient to acknowledge that the Plaintiff and the Defendant would pay the price of the instant cosmetics after the sale, and there is no other evidence to prove otherwise. This part of the Defendant’s assertion is rejected. 2) The Defendant asserts to the effect that the Defendant has a claim for a loan of KRW 50 million against the Plaintiff, but the evidence submitted by the Defendant alone is insufficient to recognize it.
Rather, even if the Defendant’s submission was based on No. 5, it is only recognized that the subject of the above loan was D.
4. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.