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(영문) 서울남부지방법원 2015.02.05 2014나5406
물품대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).

Reasons

1. On February 29, 2012, the Plaintiff supplied the Defendant with the goods equivalent to KRW 10,670,000, which were 97 GW 10,749,000, and on March 30, 2012, the fact that the Plaintiff supplied goods equivalent to KRW 1,749,000 and KRW 1,5720,000 for videophone 0720GB 9 and KRW 1,574,100 for goods equivalent to KRW 1,574,100 do not conflict between the parties.

According to the above facts, the defendant is obligated to pay to the plaintiff 13,993,100 won (=10,670,000 1,749,574,100) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 19, 2013 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

2. Judgment on a counterclaim

A. Since the Plaintiff promised to return the goods to the Defendant as a result of the Plaintiff’s sudden business delay, the Plaintiff received the said goods from the Defendant and paid the Defendant the amount of KRW 14,397,600 at the price, KRW 2,100,000 at the storage cost of the goods, and the delay damages therefor.

B. We examine whether the Plaintiff promised to return the attached goods to the Defendant.

It is insufficient to recognize that the Plaintiff agreed with the Defendant to return goods attached to the first instance trial solely on the entries in the evidence Nos. 2, 3, 4, 6, 7, 8, 9, 10, 11, and 14 and the testimony of witness B of the first instance trial, and there is no other evidence to acknowledge it.

Rather, according to the purport of the entire pleadings in the statements in Gap evidence No. 4, Eul evidence No. 4, Eul evidence No. 4, 6, and 9, the plaintiff is aware on July 20, 2012 that "the party may accept the goods supplied to your company at the time of return."

In order to notify the items and quantities to be returned and to ensure that the difference can be processed by August 15, 2012 with respect to the difference in the amount of difference.

“Along with the transmission of the content certification,” the content certification was sent on February 29, 2012 and supplied on March 30, 2012, which was recognized prior to the lower end.

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