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(영문) 서울남부지방법원 2018.12.13 2018가단230568

매매대금(외상대금)

Text

1. The Defendant’s KRW 23,236,035 as well as the Plaintiff’s annual rate of KRW 6% from April 1, 2018 to May 23, 2018.

Reasons

1. The Plaintiff’s judgment on the cause of the claim is a company selling electrical machinery and equipment for electricity and related machinery and equipment, and the Defendant is a company conducting the business of manufacturing electronic equipment, and the Plaintiff supplied the Defendant with goods equivalent to KRW 34,520,935 from January 2018 to March 2018, the Defendant did not pay KRW 23,236,035 out of the price of the said goods to the Plaintiff by March 31, 2018.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff KRW 23,236,035, and damages for delay calculated at the rate of 6% per annum prescribed in the Commercial Act and 15% per annum prescribed in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 1, 2018 to May 23, 2018, a copy of the complaint of this case was served on the Defendant from April 1, 2018, on the day following the date of payment to the day of full payment.

2. Judgment on the defendant's defense

A. The Defendant’s assertion that the transaction with the Defendant was severed due to the defect in the image center supplied by the Plaintiff on March 2018. In that process, the Defendant suffered damages in the aggregate of KRW 56,149,616, such as the cost of re-purchase, operating loss, and the cost of unused inventory by the image center in the process. The Defendant asserts that the damages claim as the automatic bond does not remain if the Defendant offsets the Plaintiff’s claim against the claim for the price of the goods against the Defendant.

B. In full view of the purport of the entire pleadings in the statement No. 1-6 of the evidence No. 1-6 of the judgment, the defendant is recognized as having given notice to the defendant that the defendant produced a black box by using an image box supplied by the plaintiff and supplied it to the transaction partner, and that the defendant's transaction partner gave notice to the defendant that the defect focused on the black box was caused.

However, there are any defects in the image center supplied by the plaintiff, and the focus of the above black box is poor.