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Reasons
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(영문) 부산지방법원 2014.06.12 2013가합5711
물품대금 등
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1. The Defendant’s KRW 15,205,55 to the Plaintiff and KRW 6% per annum from May 30, 2013 to June 12, 2014.

Reasons

1. The parties' assertion

A. From October 31, 2012, the Plaintiff supplied a motor vehicle accessories to the Defendant. As of October 31, 2012, the Plaintiff’s final supply of the goods to the Defendant, KRW 570,773,865, and KRW 76,034,200, total of KRW 646,80,08,065, are unpaid.

However, since the Defendant paid KRW 528,574,052 to the Plaintiff on May 29, 2013, May 2013, 2013, the Defendant, upon the filing of the instant lawsuit, paid the Plaintiff KRW 528,574,052,181 (=646,808,065 won - (528,574,052 - 646,808,065 won - interest 22,328,168 won from November 1, 2012 to May 29, 2013). Accordingly, the said money and damages for delay are sought.

B. Of the unpaid goods cost of KRW 570,773,865, KRW 11,960,510, the amount corresponding to defective goods supplied on October 2012 shall be deducted. According to the goods supply contract concluded between the Plaintiff and the Defendant, the Plaintiff, a supplier, is the Plaintiff, except for the alteration expenses necessary for design and alteration of specifications approved by the buyer. Of the equipment cost claimed by the Plaintiff, the Defendant’s approval of the equipment cost is merely KRW 9,90,000,000, the equipment cost exceeding the said money cannot be recognized.

In addition, the defendant exported the goods supplied by the plaintiff to SUM IT company, and the defendant received 40,139,303 won from the price of the goods to be paid by the defendant on the ground that the defective goods supplied by the plaintiff were caused by the above SUM IT company, after deducting from the price of the goods to be paid by the defendant, the above amount shall be deducted from the price of the goods to be paid by the defendant to the plaintiff.

However, the Defendant paid KRW 528,574,052 to the Plaintiff on May 29, 2013 (i.e., KRW 570,773,865 - KRW 11,960,510 - KRW 9,900,000 - KRW 40,139,303). Thus, there is no money to be paid.

2. Determination

A. As of October 31, 2012, the fact that the Defendant’s payment for the goods is 570,773,865, based on the Plaintiff’s last supply of the goods to the Defendant.

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