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(영문) 서울남부지방법원 2020.01.15 2019가단260191
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 78,181,590 as well as 20% per annum from September 1, 2019 to the day of complete payment.

Reasons

1. In full view of the purport of the argument as to the cause of the claim Gap's evidence Nos. 1 through 4, the plaintiff supplied paint products produced by the plaintiff to the defendant (Article 1 of the contract), the defendant shall pay the goods price to the plaintiff in cash at the time of delivery of the goods (Article 1 of the contract), and the defendant agrees to pay damages for delay at an annual rate of 20% in addition to the payment date if the defendant neglects to pay the goods price (Article 5 of the contract), and the plaintiff's attempted amount of KRW 108,181,590 in total received from the defendant until August 2019, and the balance remains 30,181,590 in total after the lawsuit of this case from the defendant, and the defendant shall be liable to pay damages for delay at the rate of 78,181,590 in total to the plaintiff from September 1, 2019 to the date of full payment.

2. Judgment on the defendant's defense

A. The defendant alleged that there was a problem in quality such as a lack of internality of paint products supplied by the plaintiff, and that the defendant suffered loss due to the defect in the household processed and supplied by the defendant, but there is no evidence to acknowledge it. Thus, the defendant's above assertion is without merit.

B. Next, the Defendant made efforts to repay obligations, such as transferring the claim against the Customer (D) to the Plaintiff, and argued that the unpaid balance is merely KRW 78,045,190. However, the following circumstances acknowledged by the evidence as seen earlier, namely, the Plaintiff appears to have claimed the remainder after deducting the amount of reimbursement due to the acquisition of the obligation against the Customer, and the Defendant confirmed and signed the amount of KRW 108,181,590 for the previous month of the transaction place provided by the Plaintiff around September 2019 (Evidence 2).

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