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(영문) 수원지방법원 2017.06.27 2016가단48019

물품대금

Text

1. The Defendant’s KRW 44,086,057 with respect to the Plaintiff and KRW 5% per annum from November 18, 2016 to May 16, 2017.

Reasons

1. Determination on the cause of the claim

(a)In full view of the facts without dispute, Gap evidence of Nos. 1 to 2 (including the branch number if there is a serial number; hereinafter the same shall apply), Eul evidence of Nos. 3, 4 and 9, and the whole purport of the arguments, the following facts are recognized:

The Plaintiff is an individual entrepreneur who manufactures and sells V and part, etc. in the trade name of “B,” and the Defendant is a corporation that manufactures and sells pumps, etc.

The Plaintiff supplied the Defendant with goods, such as V and part from around 2007 to February 2014.

Money payable by the Defendant to the Plaintiff on January 2013 is KRW 20,591,589.

(A) The Plaintiff asserted this part as KRW 20,643,49. However, there is no other evidence to acknowledge this. The Plaintiff supplied the Defendant with goods equivalent to KRW 99,436,208 (including value-added tax) in total from February 28, 2013 to February 28, 2014.

From February 12, 2013 to January 29, 2014, the Defendant paid 72,791,740 won to the Plaintiff as the price for goods.

The plaintiff has expressed to the defendant that he will be responsible for 4,500 caring voltss (Evidence No. 4 of this case). The plaintiff stated to the purport that the deduction from the claimed amount is recognized even during the pleading of this case (=4,500 x 700 x 4,500).

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff KRW 44,086,057 (i.e., KRW 20,591,589, KRW 99,436,208, KRW 72,791, KRW 740-3,150,00) and damages for delay calculated at each rate of KRW 15% per annum as stipulated by the Civil Act from November 18, 2016 to May 16, 2017, which is the date of delivery of a duplicate of the complaint of this case, and is obvious from November 18, 2016 to the date of delivery of a duplicate of the complaint of this case.

2. The defendant's assertion and the defendant's assertion.