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(영문) 인천지방법원 2019.02.20 2017가단39190

매매대금

Text

1. The Defendant shall pay to the Plaintiff KRW 179,630,840 and the interest rate of KRW 15% per annum from October 27, 2017 to the date of full payment.

Reasons

1. According to the purport of Gap evidence Nos. 1, 2, and 3 as to the cause of the claim and the whole pleadings, the plaintiff is obligated to pay to the defendant the Dongco-day from October 31, 2015 to February 29, 2016, the amount that was not paid is 179,630,840. Thus, the defendant is obligated to pay to the plaintiff damages for delay at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 27, 2017 to the date of full payment, which is the day following the delivery of a copy of the complaint in this case.

2. Judgment on the defendant's assertion

A. The Defendant: (a) manufactured and supplied the dongcoon who was supplied by the Plaintiff to the Customer; (b) there was a defect in chemical ingredients on the dongcoon; and (c) there was a defect in chemical ingredients on the dongcoon.

The Defendant should deduct KRW 10,758,905, which was paid to the Customer due to the above defect, KRW 220 km (220 km), KRW 1,753,400, and KRW 23,603,805, which was not paid by the Defendant to the Customer due to the destruction or collection of the whole quantity of the parts that the Defendant supplied to the Customer.

B. Although there is no dispute over the fact that the plaintiff is the Dongcoin supplied to the defendant, the Dongcocoin of the video of the evidence No. 13 was no longer kept by the defendant, the evidence submitted by the defendant alone is insufficient to recognize that there is a defect in the Dongcocoin supplied by the plaintiff, and there is no other evidence to acknowledge it, the above argument is

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.