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(영문) 의정부지방법원고양지원 2014.12.24 2014가단7486
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 9,234,00 as well as 20% per annum from April 1, 2014 to the day of complete payment.

Reasons

1. According to the Plaintiff’s statement on the Plaintiff’s claim No. 12, the fact that the Plaintiff’s price for synthetic resin supplied to the Defendant on November 18, 201 constitutes 49,543,000 can be acknowledged.

Meanwhile, while the lawsuit of this case is pending, the Plaintiff only claimed KRW 4,180,000 (20,129,000-1,000-1,000-1,000,000 for defective raw materials transport expenses, and KRW 1,00,00 for defective raw materials transport expenses (49,543,000-15,000,000-4,180,000-20,129,000-129,000-1,000 for defective raw materials transport expenses) by returning 5 tons of the stock owned by the Defendant, which was returned to 5 tons of the stock owned by the Defendant, and supplied to CFK, CFK, and claimed that only the remaining KRW 9,234,00 (49,543,000 for defective raw materials transport expenses).

Therefore, the defendant should pay to the plaintiff KRW 9,234,00 and damages for delay.

2. The defendant's assertion of deduction and determination (1) The defendant alleged that the plaintiff suffered losses of 20 million won in operating profit by supplying defective raw materials, but it cannot be accepted as there is no evidence to acknowledge it.

(2) The Defendant asserts to the effect that 20,819Kg, which was lost or disposed of as inferior raw materials, should also be deducted. However, it is difficult to recognize the assertion by only the descriptions of the evidence No. 22, other than the amount for which the Plaintiff voluntarily recognized the deduction.

3. The Defendant shall pay to the Plaintiff the amount of KRW 9,234,00 and 20% per annum from April 1, 2014 to the day following the day of delivery of a copy of the instant complaint.

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