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(영문) 인천지방법원 2019.10.02 2019가단219730
물품대금
Text

1. The Defendant’s KRW 17,173,570 for the Plaintiff and KRW 6% per annum from March 13, 2019 to October 2, 2019.

Reasons

In addition to the overall purport of the pleadings as to Gap evidence Nos. 1 through 5, the plaintiff is obligated to pay the price for the goods and damages for delay thereof to D Co., Ltd. (hereinafter referred to as "D") from May 2018 to June 23, 2018. The plaintiff is obligated to pay the price for the goods and damages for delay thereof to D Co., Ltd. (hereinafter referred to as "D") on December 4, 2018.

In this regard, the defendant raises a defense that set off or repaid part of the price of goods.

D The Plaintiff and the goods price of KRW 15,290,000, out of the goods price, agreed to offset each other on February 28, 2019, and the fact that the Plaintiff paid KRW 15,00,000 to the Plaintiff on March 15, 2019 is not a dispute between the parties, so the Defendant’s defense is well-grounded.

Therefore, the Defendant, as a joint and several surety of D, has a duty to pay the Plaintiff the amount of KRW 17,173,570 (=47,463,570-15,290,000-15,000) and damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from March 13, 2019 to October 2, 2019, which is the date following the delivery of a copy of the complaint of this case, where it is deemed reasonable for the Defendant to dispute over the existence or scope of the obligation.

The plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as there is no reasonable ground.

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