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(영문) 수원지방법원 2016.04.29 2015나22677
물품대금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff supplied steel products, such as H-type steel, steel bars, and steel plates, with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”). The Plaintiff entered into a contract with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) under which the purchase price is paid in cash at the same time as the purchase of the product, or credit purchase amount is paid at the end of the following month, and if the payment date is made, the amount of damages for delay calculated at the rate of 20% per annum from the following day is paid, and the Defendant Co., Ltd provided steel products to the Defendant Co., Ltd. (hereinafter “instant goods supply contract”). At the time of entering into the instant goods supply contract, Defendant

B. By August 31, 2014, the Plaintiff supplied the Defendant Company with the amount payable in KRW 16,663,415, and the Defendant Company paid KRW 10,634,783 to the Plaintiff on December 1, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the unpaid amount of KRW 6,028,632 and the amount of damages for delay calculated at the rate of 20% per annum from October 1, 2014, which is the day following the end of the month following the date of supply of goods, i.e., the date of settlement.

B. As to the allegation 1 as to the defense, etc., the Defendants supplied steel products defective in the Defendant Company to cause damage equivalent to KRW 12.7 million, and paid by the Plaintiff the price claim for the goods to be paid by the Defendant Company after the occurrence of the damage, set off the amount of damages equivalent to the amount of the above damage claim and the amount of the damage claim to be paid by the Plaintiff from the Defendant Company, and caused an ombudsman to have the damage claim of KRW 6,00,088 as of September 30, 2014. As of September 30, 2014, the Defendant Company set off the Plaintiff’s claim for the price for the goods and the amount of KRW 16,634,871 as of September 30, 2014, and the amount of the damage claim as of December 1, 2014.

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