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(영문) 창원지방법원 2016.11.09 2016가단2515

물품대금

Text

1. The Defendant’s KRW 4,328,00 as well as 6% per annum from April 24, 2015 to November 9, 2016 to the Plaintiff.

Reasons

1. Judgment on the plaintiff's assertion

A. On January 31, 2015, the Plaintiff, who was operating mechanical parts manufacturing business, etc. under the name of “C” as to the cause of the claim, supplied a single-tension fluor and soft fling to the Defendant who is operating parts manufacturing business, etc. under the trade name of “D”, and the price was 8,585,500, and the Defendant paid KRW 4,257,500 out of the price of the above goods to the Plaintiff, is not in dispute between the parties, or in full view of the purport of the pleadings in the evidence Nos. 5 and 6. Therefore, barring any special circumstance, the Defendant is liable to pay the Plaintiff unpaid amount of KRW 4,328,00 (=8,585,500 - 4,257,500 - 500 - 4,500) and damages for delay due to the lack of evidence to acknowledge that the Defendant did not have any obligation to pay the Plaintiff due to the delay in delivery of the goods.

B. The Plaintiff asserts that the Defendant is obligated to pay the Plaintiff the price of KRW 19.6 million in relation to the additional work for bending, as the Plaintiff provided additional work under the Defendant’s instruction related to the defect in bending caused by GRC20, GR25, GRC35 bending, and the Defendant promised to pay the price to the Plaintiff.

The evidence of the plaintiff's submission alone is insufficient to admit the above plaintiff's assertion, and there is no other evidence to acknowledge it.

Therefore, this part of the plaintiff's assertion is without merit.

C. Accordingly, the defendant shall be unpaid to the plaintiff.