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(영문) 수원지방법원안산지원 2016.02.17 2015가단10097

물품대금

Text

1. The Defendant’s KRW 86,171,00 for the Plaintiff and its related KRW 6% per annum from December 20, 2013 to April 27, 2015, and April 28, 2015.

Reasons

1. Facts of recognition;

A. On May 2, 2013, the Plaintiff and the Defendant concluded a contract under which the Plaintiff would supply goods to the Defendant (hereinafter “instant product transaction contract”).

The following are the parts relating to this case in the product transaction contract of this case.

(‘A’ is the Defendant, “B”, and “B” are the Plaintiff). Only in any of the following cases, Party A may request Party B to return to Party B, and Party B will substitute, exchange, or refund the same product, quantity, etc.

1. Destroying, damaging, or transforming the good;

2. Specifications of goods;

3.Provided, That substitute exchanges and refunds may not be made for defects in goods caused by care in the course of storage and use.

Article 10 (Conditions for Settlement)

1. A shall pay in cash 30% of the price for the good to be supplied to B and 70% of the balance at the time of delivery when the contract is concluded.

2. If the payment period of Eul is delayed and there is a business loss of Gap and damage to Gap's business organization, Eul shall be liable for delay loss of 20% of the ordered supply price.

B. Until December 19, 2013, the Plaintiff supplied the Defendant with sami, saves, saves, saves, saves, portable heaters, saves, and saves according to the instant product transaction agreement.

The remainder of the value of the goods supplied by the Plaintiff to the Defendant, other than those returned on account of a defect, is KRW 86,171,000, which remains after deducting the price of the goods received from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 5, and 6, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the above KRW 86,171,000 to the plaintiff, unless there are special circumstances.

B. The summary of the Defendant’s assertion and determination 1 and the Defendant, at the time of entering into the instant product transaction agreement, shall pay 30% of the product price at the time of placing an order, the remainder of 70% at the time of delivery, and the Plaintiff suffered damages due to the delay of the Plaintiff’s payment period.