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(영문) 대구지방법원 2020.05.27 2019나320950

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 through 4 as to the cause of the claim, it is recognized that ① the deceased C (the deceased on September 4, 2019; hereinafter referred to as "the deceased") operated the ice Lease Supplier with the trade name "A" and supplied the defendant with the sum of KRW 80,500,000 won from January 1, 2018 to April 1, 2019 (B) during the period of 304 exchange (B), the deceased's heir's claim for the payment of the goods was transferred to the Plaintiff on April 20, 202, and notified the transfer thereof around that time, ② the Plaintiff supplied the Defendant with the sum of KRW 304,500,000,000 from April 1, 2018 to April 1, 2019.

According to the above facts, the defendant is obligated to pay to the plaintiff the total amount of KRW 17.55 million (=the above KRW 8.5 million) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 6, 2019 to the day of full payment, which is the day following the service date of the original copy of the payment order of this case sought by the plaintiff.

The defendant's defense was supplied by C or the plaintiff as a refined product, and 3,000 processed and supplied them to the Suwon, but only 1/5 of the defective product was caused by damage, and since damage was caused by the defect in the goods supplied by the plaintiff as a result of the disposal of ice lease 500, which was supplied by the plaintiff, the plaintiff could not respond to the plaintiff's claim. Thus, the defendant's defense is without merit, since there was no evidence to acknowledge the above assertion.

3. If so, the plaintiff's claim against the defendant should be accepted for reasons.

The judgment of the court of first instance is just in its conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.