beta
(영문) 서울남부지방법원 2020.06.25 2019가단237221

물품대금

Text

1. The defendant shall pay 56,870,000 won to the plaintiff and 12% per annum from July 9, 2019 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a company that provides mutual aid devices, environment-related device manufacturing, refunding, and interior construction works. The Defendant is a company that provides machinery and equipment construction, fire-fighting system installation, and automatic control construction works. 2) On September 19, 2018, the Plaintiff entered into a contract with the Defendant for goods supply contract with the Defendant for 24 items, including “C” and supplied all goods worth KRW 56,870,000 from October 5, 2018 to October 15, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the price of 56,870,000 won for the goods and delay damages therefor.

2. Defendant’s assertion and judgment

A. The defendant asserts that since the team leader in charge of D facilities forced the plaintiff to be supplied with the plaintiff's goods and forced the plaintiff to compensate for the amount equivalent to the above price of the goods in other construction parts, it is not possible to pay the above price of the goods. However, there is no evidence to acknowledge it only with the evidence submitted by the defendant, and there is no other evidence to acknowledge it.

B. In addition, the defendant asserts that the goods of this case are returned and the amount equivalent to the present value is deducted from the price of the goods. However, it is not enough to recognize that there is an agreement among the original defendant on the procedures for return only by the evidence submitted by the defendant, and that the goods of this case are the condition of return possible, and there is no other evidence

3. Conclusion, the plaintiff's claim is justified.