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(영문) 의정부지방법원고양지원 2019.06.12 2018가단14239
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 66,911,834 and the interest rate of KRW 15% per annum from October 25, 2018 to the day of full payment.

Reasons

1. Determination on the cause of the claim

A. According to the respective descriptions of Gap evidence Nos. 1 and 2 (including the branch numbers) and the purport of the entire pleadings, the plaintiff, who runs the business of selling assembly-type panel, etc., concluded a collective panel supply contract with the defendant and supplied the assembly-type panel, etc. in an amount equivalent to KRW 80,590,719, up to June 30, 2017. The defendant paid KRW 13,678,885 out of the price of the above goods to the plaintiff around June 30, 2017, and paid KRW 6,911,834 out of the price of the above goods to the plaintiff as of July 1, 2017.

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 66,911,834, which is payable to the Plaintiff, and the damages for delay calculated at the rate of 15% per annum from October 25, 2018 to the date of full payment, following the day when a copy of the instant complaint was served to the Plaintiff.

2. The defendant's assertion and judgment

A. As a result, there was a defect in the assembly-type panel, etc. supplied by the Plaintiff, and as a result, there was a problem of spreading on the outer wall of the E-factory constructed by the Defendant, the construction cost of KRW 30 million was paid, and the removal and re-establishment of the panel was requested by the Plaintiff, and the Plaintiff, the ordering party, suffered damages from the F Co., Ltd., the amount of KRW 39,644,00 for delay compensation,

Therefore, if the above construction cost and compensation for delay are deducted from the price of goods claimed by the plaintiff, there is no price of goods to be paid by the defendant to the plaintiff

B. Comprehensively taking account of the respective descriptions in subparagraphs 1 through 5 of the judgment and the overall purport of the pleadings, the Defendant did not notify the Plaintiff of the fact that there is any defect in the assembly-type panel, etc. provided by the Plaintiff before the Plaintiff files the instant lawsuit, and the subcontract alteration agreement (No. 3-1 of the evidence No. 3) concluded between the Defendant and F Co., Ltd. did not affix the Defendant’s seal impression, and the Defendant is KRW 30 million as the construction cost for the removal and re-establishment of the panel.

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