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(영문) 부산지방법원 2015.10.20 2015가단27985

물품대금

Text

1. The defendant shall be jointly and severally with the plaintiff 37,759,260 won and the interest rate thereon from March 24, 2015 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 through 4 (including paper numbers) as to the cause of the claim, the plaintiff can recognize the fact that at the defendant's request from the defendant's actual manager B from August 12, 2014 to January 22, 2015, the plaintiff supplied the defendant with aggregate amount of KRW 64,652,060 (hereinafter "the goods in this case") of the 64,652,060 (hereinafter "the goods in this case") of the 26,892,80 among the goods in this case. The plaintiff is the person who returned the goods in this case from the defendant to the plaintiff at the rate of KRW 37,759,260 (=64,652,060-26,892,800) and damages for delay calculated at the rate of 20% from the day following the delivery date of the complaint in this case to 2015.

2. The defendant's argument as to the defendant's claim is alleged to the purport that the plaintiff's claim is unjustifiable because there is a defect in the goods of this case. However, as seen above, the plaintiff voluntarily returns and disposes of the amount equivalent to KRW 26,892,80, which is a part of the goods of this case and deducts the amount of the return and disposal, and makes the claim of this case. Thus, there is no evidence to support the fact that there is an additional amount of defective goods other than the goods returned and disposed as above. Thus, the defendant's argument

3. Conclusion, the plaintiff's claim of this case is justified.