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(영문) 창원지방법원 2017.12.20 2016나58991

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells advertising materials, etc., and the Defendant is a company that manufactures and sells protected films, functional films, etc.

B. Upon the Defendant’s request, the Plaintiff supplied goods worth KRW 64,350,000 on April 8, 2015, and supplied goods worth KRW 124,740,000 on April 29, 2015.

(hereinafter referred to as "the product supply contract of this case". (c)

The Defendant paid the full amount of the price for the goods as of April 8, 2015 among the price for the goods as of April 20, 2015, but paid only KRW 72,370,000 among the price for the goods as of April 29, 2015.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 5, the purport of the whole pleading

2. Determination

A. According to the above facts, the defendant is obligated to pay the unpaid amount of KRW 52,370,000 (=124,740,000 - 72,370,000) and damages for delay, out of the amount of goods to be paid to the plaintiff under the contract for the supply of goods in this case.

B. As to this, the Defendant: (a) sold the goods to a lower price that does not reach a half of the supply price for the goods supplied by the Plaintiff as well as the unfair transaction that had a significant difference between the supply price and the market price; (b) the unit price for the supply of the goods equivalent to KRW 90,576,000 per 1 square meter at the time of the supply on April 8, 2015 for the damage amounting to KRW 6,300 per 1 square meter at the time of the supply; and (c) KRW 6,500 per 1 square meter at the time of the supply on April 29, 2015 for the sales price; and (d) KRW 3,012 per 1 square meter at the time of the supply on April 29, 2015.

Accordingly, the Defendant asserted that the amount of damages equivalent to 31,392,000 square meters (=(6,300 - 3,012 x 9,000 square meters) and damages equivalent to 18,000 square meters for the supplied portion on April 29, 2015 x total quantity of 27,000 square meters x 9,184,000 square meters x 18,000 square meters [6,300 - 3,012 x 18,000 square meters], which is the sum of 90,576,000 square meters for the supply portion on April 8, 2015 (the Defendant asserted that the amount was 90,583,560 square meters from the preparatory brief on August 8, 2017, which appears to be a clerical error) is equivalent to the amount of damages.