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(영문) 수원지방법원 2019.07.17 2017가단545807

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 16,200,000 to the Plaintiff (Counterclaim Defendant) and its related amount from November 23, 2015 to June 26, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Determination as to the cause of the principal claim

A. Fact 1) The Plaintiff is a person who manufactures electronic components and wholesale and retail business with the name of D. The Defendant is a legal entity that manufactures medical devices and wholesale and retail business. 2) On July 22, 2015, the Plaintiff entered into a contract with the Defendant with the Defendant for the supply of PCB sets [S 12V 5.0A 1, Main Pcb 1 (except for 7 kin Pck Scb 1, Swch pcb 1, Key Pcb 1, Gun Pcb 1, Pcb 1, Pcb 1] 2,970,00 won [the supply price = 2,700,000 won [the value-added tax x 1,200,000 won per kilogram x 135,000 won] to the Defendant.

According to the instant contract, the Defendant shall pay the remainder within 10 days after delivery to the Plaintiff.

3) On November 12, 2015, the Plaintiff: (a) on November 12, 2015, PCB sets 135 feet (hereinafter “instant electronic parts”) to the Defendant.

4) The Defendant paid only KRW 13.5 million out of the contract price of this case and did not pay the remainder of KRW 16.2 million.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

B. According to the above facts of determination, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 16.2 million won of the balance of the contract price of this case and damages for delay at the annual rate of 12% per annum under the Commercial Act from November 23, 2015 to June 26, 2017, the delivery date of a copy of the complaint of this case, from June 27, 2017, from June 27, 2017 to May 31, 2019, the statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019).

2. The main office;