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(영문) 수원지방법원 2016.08.26 2016가단8776 (1)
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 16,892,250 and the interest rate of KRW 15% per annum from February 17, 2016 to the day of complete payment.

Reasons

Comprehensively taking account of the purport of Gap evidence No. 1’s entries and arguments, the Plaintiff is obligated to pay to the Defendant the amount equivalent to KRW 29,739,600 from June 1, 2015 to November 30, 2015, as well as damages for delay calculated at the rate of 15% per annum from February 17, 2016 to the date following the delivery date of the original copy of the instant payment order, which the Plaintiff seeks, to the Plaintiff, barring special circumstances.

As to this, the defendant asserts that the plaintiff suffered damages of KRW 10,000,000 due to defects in the goods supplied by the plaintiff, and that on May 2, 2016, the plaintiff paid KRW 10,000,000 to the plaintiff, the total amount of KRW 20,000 shall be deducted.

There are defects in the goods supplied by the Plaintiff.

No evidence exists to prove that the Defendant suffered loss, and the Plaintiff sought payment of KRW 26,892,250 of the unpaid amount of goods at the time of the application for the instant payment order, but recognized that the Defendant was paid KRW 10,000,000 from the Defendant on the date of the second pleading, and reduced the claim regarding the relevant amount of payment. Thus, all of the Defendant’s assertion is rejected.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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