(영문) 인천지방법원 2020.11.27 2019가합62382

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(영문) 인천지방법원 2020.11.27 2019가합62382

물품대금

Text

The defendant shall pay 237,35,390 won to the plaintiff and 12% per annum from October 8, 2019 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. On February 5, 2018, the Plaintiff, who is engaged in the manufacturing and supply of lighting fixtures, shall be determined as KRW 1,727,287,540 (including value-added tax) between the Defendant and C Co., Ltd. (hereinafter referred to as “Co., Ltd.”).

(ii)a contract under which lighting fixtures are to be supplied to the D Building and other seven sites (hereinafter referred to as “instant supply contract”).

2) The Plaintiff supplied lighting fixtures equivalent to KRW 27,184,00 on April 26, 2018 pursuant to the instant supply contract, and KRW 24,327,820 on June 30, 2018, KRW 157,615,920 on July 31, 2018, and KRW 28,227,650 on February 28, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 5 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 237,355,390 (i.e., KRW 27,184,00 above KRW 24,327,820 above KRW 157,615,920 above) and damages for delay calculated at the rate of 12% per annum from October 8, 2019 to the day of full payment, as the Plaintiff seeks.

2. Judgment on the defendant's defense

A. The Defendant asserts to the effect that the lighting fixtures equivalent to KRW 27,184,00, which the Plaintiff supplied on or around April 26, 2018, were supplied to the Plaintiff at its own expense for publicity, and that the Defendant did not have a duty to pay the above goods. However, considering the following circumstances, which are acknowledged in full view of the purport of the entire pleadings, the statement in subparagraph 4 was written in the statement in subparagraph 4, i.e., the Defendant was written in the statement in transactions with the above lighting fixtures, and there is no other evidence to deem that the Plaintiff supplied the above lighting fixtures at its own expense, it is difficult to accept this part of the Defendant’s defense, and there is no other evidence

B. The defendant, the defendant.

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