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(영문) 서울중앙지방법원 2017.08.18 2016가합562255
물품대금
Text

1. The Defendant’s KRW 420,798,00 for the Plaintiff and KRW 6% per annum from October 2, 2015 to November 7, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who engages in the business of selling medical appliances, such as medical appliances and chests, with the trade name “B,” and the Defendant is a corporation that engages in the business of importing and exporting medical appliances, and the business of selling medical appliances.

The Defendant supplied breast-dried goods supplied by the Plaintiff (hereinafter “instant breast-dried goods”) to the hospital.

B. From September 2014 to October 1, 2015, the Plaintiff supplied the instant chest goods to the Defendant, and on June 30, 2016, the amount unpaid as of June 30, 2016 is KRW 420,798,000 (=the amount of the unpaid goods KRW 481,406,000 - the amount of the returned goods KRW 60,608,00).

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 5, 12 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of 420,798,00 won for the goods of this case and 6% per annum prescribed by the Commercial Act from October 2, 2015 to November 7, 2016, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. Judgment on the defense

A. The defendant asserts that the deduction amount should be deducted from the price of the goods because the amount of the goods of this case returned to the plaintiff by the defendant exceeds the above 60,608,000 won, which is more than the above 72,059,000 won.

According to the evidence evidence evidence evidence evidence No. 7, the plaintiff and the defendant returned normal products and defective products which the defendant returned to the plaintiff were 72,059,000 won in total. However, in full view of the aforementioned evidence, the plaintiff and the defendant returned only 60,608,000 won out of the returned products, and the remaining 11,451,00 won (i.e., 72,059,000 won - 60,608,000 won) are separate for the plaintiff against the defendant.

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