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(영문) 인천지방법원 부천지원 2021.01.27 2019가합100911

물품대금

Text

The defendant's KRW 123,559,009 and its related costs are 6% per annum from March 15, 2019 to January 27, 2021.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of manufacturing the injection divers for medical treatment, and the Defendant is a company with the aim of remanufacturing medical devices and manufacturing medical devices.

B. The Plaintiff supplied the Defendant with medical injection from around 2014 to October 18, 2018.

(c)

On September 2, 2016, the Defendant paid KRW 21,594,680 to the Plaintiff, and paid all the price for the goods up to July 2016.

(d)

From September 22, 2016 to September 10, 2018, the Defendant paid the Plaintiff KRW 1,210,38,390 (total amount of cash payments of KRW 260,49,893,390 in total, KRW 260,495,000) to the Plaintiff as the total amount of money for goods for injection for medical use, supplied from August 22, 2016 to October 18, 2018.

E. From August 2016 to October 18, 2018, among the 1,595,805 medical injections that the Plaintiff supplied to the Defendant from August 2016 to October 18, 2018, there are defects, such as where foreign substances are buried or where brupted, etc., and the corresponding price for the goods is KRW 137,693,096.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 5 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 1, 13, and 14, appraiser C's appraisal result, the purport of the whole pleadings

2. The parties' assertion

A. From August 2016 to October 18, 2018, the volume and unit price of injection that the Plaintiff supplied to the Defendant should be calculated based on the monthly transaction statement (Evidence A No. 3) sent to the Defendant during the pertinent period. According to this, the total amount of goods for the pertinent period is KRW 1,487,103,796.

Therefore, the Defendant is obligated to pay the Plaintiff the remainder of KRW 139,022,310 and the delayed damages incurred by the Defendant due to defects in KRW 276,715,406 (i.e., KRW 1,487,103,796 - KRW 1,210,38,390) and the amount of damages incurred by the Defendant due to defects, and to return the goods listed in the attached Table (with defects).

B. The monthly statement of transactions submitted by the Plaintiff to the Defendant (Evidence A No. 3) was unilaterally prepared by the Plaintiff.