물품대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
The defendant is a corporation that performs funeral business, etc. of the D Park in Gwangju North-gu, Gwangju.
On September 30, 2010, the Plaintiff entered into a contract with the Defendant for the supply of tombstones, etc. to be installed in the Korea Park Burial Complex. Accordingly, the Plaintiff supplied the Defendant with the goods equivalent to KRW 21,153,093 (= KRW 10,903,904 for tombstones and tombstones and KRW 9,689,189 for a natural burial ground of KRW 560,00).
On the other hand, the Gwangju District Court requested collection of the Plaintiff's claim against the Defendant pursuant to Articles 24 and 41 of the National Tax Collection Act. Accordingly, the Defendant paid KRW 17,697,780 out of the above product price claim to the head of the Gwangju District Tax Office around November 25, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 3 (including provisional number), and the purport of the whole pleadings, the defendant is obligated to pay to the plaintiff the balance of the price of the goods of this case (=the above 21,153,093 - the above 17,697,780 won) and damages for delay, unless there are special circumstances.
The defendant's assertion in the defendant's defense, first, there is a damage claim due to defects in tombstones supplied by the plaintiff, etc., which should be deducted from the claim for the price of the goods of this case.
Second, although the Plaintiff was not allowed to sell tombstones within the D Park zone in accordance with the decision of provisional injunction against obstruction of business, etc. by the Gwangju District Court 2013Kahap496, the Plaintiff was obligated to pay KRW 1,500,000 (=50,000 indirect compulsory performance amount per time violated x 3 times) to the Defendant.
Therefore, the above indirect compulsory performance should be deducted from the balance of the instant goods price.
Plaintiff’s assertion
There is no fact that there was no document requesting the repair of defects of tombstones, etc. supplied by the defendant, and there is no fact that there was any defect in the supplied tombstones, etc.
. Determination.