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(영문) 수원지방법원 2017.01.11 2015가단62650

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 73,446,564 and the interest rate of KRW 15% per annum from December 15, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company manufacturing and wholesale and retailing machinery, parts, etc., and the Defendant is a company manufacturing and wholesaleing semiconductor manufacturing equipment, parts, etc.

B. The Plaintiff’s KRW 111,818,014, around July 31, 2015, including value-added tax on the part of the pressure machinery and equipment, etc. for the Defendant, the same year

9. Around 30.30. supply amounting to KRW 113,446,564 total of KRW 1,628,550.

C. Around September 4, 2015, the Defendant paid KRW 40 million out of the price of the goods, and did not pay the remainder.

[Ground of recognition] Unsatisfy, Gap 1-6 (including virtual number), and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 73,446,564 of the price of goods and damages for delay calculated at the rate of 15% per annum from December 15, 2015 to the day of full payment, which is the day following the delivery of a copy of the instant complaint.

B. As to the judgment on the defendant's assertion, the defendant did not receive goods from the plaintiff, and the 40 million won of the price for the goods alleged to have been paid by the plaintiff seems to be the same company as the defendant, the defendant, the head office, and the representative director.

Although it seems that the plaintiff's claim is unfair, it is not sufficient to acknowledge the defendant's above argument only with Eul's statement alone, there is no other evidence to acknowledge it. Rather, as seen earlier, the plaintiff's supply of machinery equipment and equipment and its components is recognized, so the above argument by the defendant is without merit.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.