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(영문) 서울중앙지방법원 2019.08.23 2018가단5164806

물품대금

Text

1. The Defendant’s KRW 52,140,00 for the Plaintiff and KRW 6% per annum from December 1, 2016 to June 11, 2018.

Reasons

1. Around July 6, 2016, the Defendant requested that the Plaintiff place an order for the goods at a rate of 40% from August 9, 2016 to August 2016; 79,000,000 won (excluding value-added tax); 50% from the end of September 2016 to the end of November 13, 2016; and 10% from the end of November 13, 2016; the Plaintiff supplied the goods of this case to the Defendant around August 13, 2016; the Plaintiff received KRW 31,60,000,00 from the Defendant; the Plaintiff received the remaining goods price of KRW 52,140,00 [including value-added tax; 40,407,4000; -7010,000,000 won among the parties’ respective tax invoices; or the Plaintiff received the remaining goods price of KRW 31,60,000].

Therefore, the defendant is obligated to pay to the plaintiff 52,140,000 won for the unpaid goods and damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from December 1, 2016 to June 11, 2018, which is the delivery date of the original copy of the instant payment order, and 15% per annum from the next day to May 31, 2019 and 12% per annum from the next day to the date of full payment.

2. The defendant's assertion and judgment that the collision accident occurred due to the defect of the goods of this case, and the defendant suffered damages equivalent to US$ 19,695.78, and thus, the defendant should deduct the damages from the amount of unpaid goods. However, the defendant's assertion is not accepted since there is no evidence to acknowledge the above fact.

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.