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(영문) 수원지방법원 2015.07.16 2015가단7288
물품대금
Text

1. The Defendant’s KRW 45,671,100 as well as 6% per annum from March 22, 2014 to July 16, 2015 to the Plaintiff.

Reasons

1. Comprehensively taking account of the purport of the entire pleadings as to the cause of the claim Nos. 1, 2, and 1, 3-1, and 2, the Plaintiff entered into a contract for the supply of machinery with the Defendant to the Defendant for industrial laser processing (a model name FL 3015 April 0, 2015) with the purchase price of KRW 470 million (a separate sheet), and delivered the said machinery, despite the Plaintiff’s demand to pay KRW 45,671,100, the unpaid goods by March 21, 2014, the Defendant, despite the Plaintiff’s demand to pay KRW 45,671,100.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 45,671,100 (the plaintiff claimed KRW 46,001,100, but the amount of the goods unpaid as seen above is reasonable to the amount that the plaintiff urged the defendant and there is no evidence to prove that the amount exceeded the above amount) and to pay damages for delay calculated at each rate of 20% per annum under the Commercial Act from March 22, 2014 until July 16, 2015, which is the date of the decision of this Court, to dispute about the existence or scope of the defendant's obligation to perform, from March 22, 2014 to July 16, 2015.

2. The defendant's assertion argues that the defendant cannot respond to the plaintiff's claim because the plaintiff suffered irrecoverable damages due to defects in the machinery supplied by the plaintiff, and the amount of damages exceeds the amount of the unpaid goods.

On the other hand, there is no evidence to support the defendant's assertion that the machinery supplied by the plaintiff was defective, and the above argument by the defendant is without merit without further examination.

3. As such, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.

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