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(영문) 수원지방법원 2019.05.02 2018가단547893

물품대금

Text

1. The Defendant’s KRW 42,479,250 as well as the Plaintiff’s annual rate from October 25, 2018 to May 2, 2019.

Reasons

1. Basic facts

A. Since 2015, the Plaintiff, who runs the wholesale and retail business of medical supplies, supplied medical supplies to the Defendant who operates a hospital.

B. The Plaintiff’s February 2018 and the Defendant

3. The Defendant supplied medical supplies worth KRW 126,479,250 in total to the Defendant, and the Defendant on February 2018; and

3. On August 22, 2018, the Plaintiff paid KRW 50 million to the Plaintiff as the price for the goods (hereinafter “instant goods”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the defendant is obligated to pay the amount of goods unpaid to the plaintiff 76,479,250 won (126,479,250 won - 50 million won) and damages for delay, barring special circumstances.

B. As to this, the Defendant asserts that since the Plaintiff and the Defendant agreed to reduce the amount of KRW 34 million out of the price of the instant goods, the amount of KRW 34 million should be deducted according to the above agreement.

In light of the overall purport of the arguments in the testimony of Eul, Eul, Eul's evidence 3 through 7, Eul's witness E, and F, the plaintiff and the defendant shall be paid KRW 92,479,250,000,000,000,000,000 as the last day of March 2, 2018 due to a dispute over the unit price of the goods, and upon Eul's demand the payment of the unpaid goods to E, who is the head of the administrative branch of the D Hospital, around June 2018, E to demand reduction by asserting that the plaintiff had made unjust enrichment by raising the unit price. After consultation with the plaintiff, F shall be paid KRW 92,479,250,000,000,000,000,000,000,000,000,000,000,000,000,000,00.

C. First, the Plaintiff’s claim for the price of goods up to the time is KRW 134 million.