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(영문) 수원지방법원 안산지원 2017.01.10 2016가단25744
물품대금
Text

1. The Defendant shall pay to the Plaintiff 43,771,131 won and 15% interest per annum with respect thereto from October 15, 2016 to the day of full payment.

Reasons

During the period from January 2016 to August 2016, the Plaintiff supplied various piping materials to the Defendant for partial payment of KRW 93,101,085 and the fact that there is a balance of the claim amount does not dispute the Defendant. Therefore, the Defendant should pay the balance, except in extenuating circumstances.

The defendant asserts that since the plaintiff supplied piping materials to the defendant and supplied related parts such as "selective diskettes" to the defendant, the plaintiff failed to supply related parts for the reason that the payment of the price is delayed, and the defendant suffered loss in the defendant's work due to the failure to supply the related parts, the defendant is entitled to claim compensation for the delay in construction from the defendant's customer, this amount should

On the other hand, even if the plaintiff decided to deliver the goods to the defendant with the payment period, the payment for the existing goods is delayed, so refusing to pay the additional goods to prevent the delay or evasion of the payment, and demanding the performance of the existing delayed obligations, is recognized as lawful, not contrary to social rules, and the plaintiff's violation of the payment period is not acceptable.

The request shall be reasonable.

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