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(영문) 인천지방법원부천지원 2019.07.24 2019가단13904

물품대금

Text

1. The Defendant’s KRW 46,005,80 for the Plaintiff and 5% per annum from March 7, 2019 to July 24, 2019.

Reasons

1. It can be recognized that there is no dispute between the Plaintiff and the Defendant as to the facts stated in the separate sheet as to the cause of the claim. As such, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of 5% per annum as stipulated in the Civil Act from March 7, 2019 to July 24, 2019, which is a date following the delivery date of a copy of the complaint sought by the Plaintiff, on the records, from March 7, 2019 to the day following the delivery date of the copy of the complaint filed by the Plaintiff.

2. As to the judgment of the defendant's assertion, the defendant argued to the effect that since the defendant suffered a loss equivalent to KRW 10,276,200 due to the suspension of supply of the plaintiff's cancer, it shall be deducted from the price of the goods, but the defendant's failure to pay the price of the goods cannot be deemed to constitute tort against the defendant. Thus, the defendant's argument in this regard is without merit

3. Thus, the plaintiff's claim is partially accepted within the above scope of recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.