beta
(영문) 수원지방법원성남지원 2017.10.20 2017가단8721

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 59,145,162 and the interest rate of KRW 15% per annum from May 25, 2017 to the date of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 5 (including branch numbers if there are serial numbers) as to the cause of the claim, the plaintiff supplied the amount equivalent to KRW 166,238,050, such as MDF PB guide, etc. necessary for the interior construction of an apartment from October 13, 2016 to February 15, 2017 pursuant to an agreement concluded with the defendant, and the fact that the plaintiff collected goods equivalent to KRW 3,465,00 among them.

Therefore, the Defendant shall pay to the Plaintiff KRW 162,773,050, excluding the above KRW 3,465,000, and the Plaintiff is a person who has been paid KRW 103,627,88 among them. As such, the Plaintiff is obligated to pay the remainder of KRW 59,145,162 (i.e., KRW 162,73,050 - KRW 103,627,888) and damages for delay calculated at the rate of 15% per annum from May 25, 2017 to the date of full payment, as sought by the Plaintiff, after the delivery date.

2. Judgment on the defendant's assertion

A. The Defendant asserted that the goods supplied by the Plaintiff were supplied to the Non-A&A Co., Ltd. at the same joint market of B&A.

However, there was a delay in work due to defective goods, and the above B&A claimed for delayed compensation of KRW 5,000,000 due to it to the defendant.

Therefore, 5,000,000 won should be deducted from the price of goods.

B. Each statement of Nos. 1 and 2 in the judgment Nos. 1 and 2 is difficult to acknowledge the Defendant’s above assertion, and there is no other evidence to acknowledge it.

Therefore, we cannot accept the defendant's above argument.

3. citing the Plaintiff’s claim for conclusion