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(영문) 수원지방법원 2018.08.22 2017가단36617

물품대금

Text

1. The defendant shall pay 142,780,000 won to the plaintiff and 15% per annum from November 28, 2017 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 3 (including paper numbers), the plaintiff runs a manufacturing business, such as pressing of automation equipment and pipinging with the trade name "B". The defendant is a company manufacturing automation systems, metal products, lighting fixtures, etc., and the plaintiff manufactured and supplied the product ordered by the defendant from May 2017 to August 2017, and received the price of the goods after receiving the price of the goods. The fact that the price of the goods (including value-added tax; hereinafter the same shall apply) on July 2017, 201, the price of the goods was KRW 93,280,000 (including value-added tax; hereinafter the same shall apply), and the price of the goods on August 2017, 2017.

According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff 142,780,000 won for the unpaid goods (=9,500,000 won) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 28, 2017 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case.

2. The defendant's assertion argues that the price of goods claimed by the plaintiff is not the final price determined between the plaintiff and the defendant, and it is not possible to confirm whether the plaintiff delivered the goods equivalent to the above price of goods because the plaintiff failed to submit a transaction statement. Thus, the plaintiff's claim cannot be complied

The following facts are acknowledged by the evidence mentioned above, the employee of the defendant company adjusted the order, the date of storage, the estimated amount, and the final closing amount for the relevant product to the plaintiff on July 31, 2017 and around August 2017, and sent it to the plaintiff e-mail (Evidence A 2-1, 2-2), and the plaintiff confirmed this amount without objection to the amount of the tax invoice for KRW 93,280,000 on July 31, 2017, and the tax invoice for KRW 49,50,000 on August 31, 2017 (Evidence A-3-1, 200) on the amount of the goods sold on August 31, 2017, and the tax invoice for KRW 49,50,000 on the amount of the goods sold on August 31, 2017, May 6, 2017.