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(영문) 부산지방법원 2017.06.14 2016가단312963

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 26,38,640 and the interest rate of KRW 15% per annum from December 8, 2015 to the date of complete payment.

Reasons

1. There is no dispute between the parties as to the facts that the Plaintiff did not supply synthetic leather originals to the Defendant as to the Plaintiff’s assertion on the cause of the claim.

Thus, the defendant is obligated to pay to the plaintiff the above 26,38,640 won and the damages for delay calculated at the rate of 15% per annum from December 8, 2015 to the date of full payment, which is clear that the copy of the complaint of this case was served to the defendant.

2. Judgment on the defendant's assertion

A. The Defendant asserted that the original unit supplied by the Plaintiff was supplied to Sejong Young-gu Co., Ltd., and that the new unit was created by Sejong Young-gu Co., Ltd. due to the defect of the original unit, and that the cost of repair was deducted from the price of the goods to be paid by the Defendant. Therefore, the Plaintiff is obligated to pay 26,338,640 won to the Defendant due to the defect of the original unit.

The defendant asserts that the above damage claim set off against the plaintiff's claim for the above price of goods.

B. The judgment of the court below is not sufficient to recognize the fact that the plaintiff suffered oil from the defects of the main unit supplied by the plaintiff, only the statement of Eul 4-1 to 14, and there is no other evidence to acknowledge it.

The defendant's argument of set-off is without merit.

3. The plaintiff's claim for conclusion is justified, and all of them are accepted.