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(영문) 서울북부지방법원 2020.08.25 2019가단151467
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 97,286,40 and the interest rate of KRW 12% per annum from October 12, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff supplied the original and textile materials requested from September 2013 to April 2018 to the Defendant who sells clothing with the trade name “C”.

B. Since the Defendant paid KRW 90,00 to the Plaintiff on September 26, 2013, the Defendant paid all or part of the price for the goods as above from time to time, and thereafter paid KRW 500,000 on September 21, 2018, the remainder that remains due to the payment of the price for the goods is KRW 97,286,40.

C. By November 16, 2019, the Plaintiff urged the Defendant to pay the amount of goods payable from time to time via telephone or cellular phone, but the Defendant only speaks to pay the amount of goods.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6, purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 97,286,400 for the unpaid goods, and damages for delay calculated at the rate of 12% per annum from October 12, 2019 to the day of complete payment, which is the day following the delivery of the instant payment order sought by the Plaintiff.

B. The defendant raises a defense that the plaintiff's claim for the price of goods has expired at the expiration of the three-year statute of limitations.

However, as seen earlier, on September 21, 2018, the Defendant paid KRW 500,000, which is a part of the price of the above goods, to the Plaintiff. As such, as the Defendant expressed his intent to pay each time the Plaintiff is urged to pay by November 16, 2019, the running of the statute of limitations is suspended.

Therefore, the prior defendant's defense is without merit on different premises.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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