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(영문) 서울남부지방법원 2017.08.23 2016가단29801

물품대금

Text

1. The Defendant’s KRW 35,650,00 and KRW 32,650,00 among them shall be 15% per annum from April 29, 2017 to the date of full payment.

Reasons

The plaintiff asserts as the cause of the claim of this case as shown in the annexed sheet.

First of all, according to the purport of the evidence and the whole arguments as to the claim for goods price (31,700,000 won), loans (3,000,000 won), monthly rent (950,000 won), the facts described in paragraphs (1), (2), and (3) of the attached Table may be acknowledged (the defendant shall additionally deduct the amount of KRW 5,60,000 from the price of goods). However, the plaintiff's claim for this part is justified.

(1) The Defendant asserted that the Plaintiff paid all of the monthly rent as specified in the attached Form 3(a) to the Plaintiff, which is the cause of the claim. However, there is no evidence to acknowledge that the Defendant paid all of the monthly rent as specified in the attached Form 3(a) to the Plaintiff. Next, with respect to the claim for electricity charges, etc. (2,082,063 won) and the Plaintiff’s assertion, even if following the Plaintiff’s assertion, it is difficult to view that the Defendant is liable to pay to the Plaintiff the amount equivalent to the electric rent, etc. specified in the attached Form 3(b). Therefore

According to the purport of the oral argument, the Plaintiff and the Defendant: (a) instead of the initial agreement that “the Defendant shall bear 1/2 of the electric utility charges, etc.,” the Plaintiff entered into only the agreement that only the Defendant shall bear 300,000 won per month out of the monthly rent and the electric utility charges, etc.; and (b) appears to have maintained it for more than eight months from November 2013. However, there is no evidence to verify the time the initial agreement was replaced by “1/2 of the Plaintiff’s assertion”; and (c) the amount of the electric utility charges, etc. accrued thereafter would have to bear 1/2

- With respect to - The plaintiff is not specifically asserted.

The defendant asserts that his amount of damages should be deducted from the plaintiff's claim amount due to a cause attributable to the plaintiff, but this part of the defendant's claim.