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(영문) 인천지방법원 2018.09.05 2018나1469

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. In full view of the fact that there is no dispute over the cause of the claim, and comprehensively taking account of the overall purport of the pleadings in the written evidence No. 3 (including the serial number), the fact that the Plaintiff, who runs the wholesale business of fishery products in the name of “C, supplies fishery products to the Defendant who runs the retail business of fishery products with D’s trade name from 2014 to February 13, 2017, and the fact that the balance of the credit sales amount as of February 13, 2017 against the Plaintiff was 26,950,000.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of KRW 26,950,000 for the goods and the damages for delay calculated at the rate of 15% per annum from November 17, 2017 to the day of full payment, which is the day following the delivery date of a copy of the instant complaint.

2. The defendant's argument regarding the defendant's assertion argues that the defendant cannot respond to the plaintiff's claim for the price of goods due to the defect in fishery products supplied by the plaintiff. However, the evidence submitted by the defendant alone is insufficient to recognize the existence of the defect, and there is no other evidence to acknowledge it.

3. As such, the plaintiff's claim is accepted on the ground of its reasoning, and the judgment of the court of first instance is just and the defendant's appeal is without merit. It is so decided as per Disposition.