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(영문) 인천지방법원 2015.06.04 2014가단76013
물품대금
Text

1. The Defendant’s KRW 52,662,349 for the Plaintiff and KRW 6% per annum from October 1, 2014 to November 19, 2014.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3 as to the cause of the claim, the plaintiff, the defendant, the company operating the cosmetic manufacturing business, etc., and the plaintiff supplied chemical drugs, etc. to the defendant until June 2014. Finally, on September 30, 2014, the defendant paid a sum of KRW 1 million for the payment of the price for the goods, and the balance of the price for the goods as of the same day constitutes KRW 52,662,349.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 52,62,349, and damages for delay calculated at each rate of 6% per annum under the Commercial Act from October 1, 2014 to November 19, 2014, which is the delivery date of a copy of the complaint of this case, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

2. The judgment of the defendant on the defendant's assertion that since the plaintiff, a specialist in chemical medicine, sold chemical drugs at an unreasonably high level without notifying the defendant that he did not know the fair trade unit price of chemical drugs in violation of the principle of good faith and the transaction concept, the contract for sale was revoked on the ground of deception, and the defendant supplied chemical drugs at an remarkably unfair price by abusing the fact that he was in the state of flag, rashness and experience, the contract for sale is null and void. However, the defendant's assertion is insufficient to recognize it only with the descriptions in the evidence No. 1 and No. 2, and there is no other evidence to acknowledge it.

3. According to the conclusion, the plaintiff's claim is justified, and it is so decided as per Disposition.

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