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(영문) 대구지방법원 2019.11.21 2019가합610
물품대금
Text

1. The Defendant’s KRW 363,863,556 to the Plaintiffs and 6% per annum from March 4, 2019 to November 21, 2019, respectively.

Reasons

1. Under the trade name of “D,” the Plaintiffs are those engaged in the wholesale and retail business of the raw yarn and fiber, and the Defendant purchased the raw yarn from the Plaintiffs, and thereby trade them through the processing process.

B. The Plaintiffs, upon receiving a request for the supply of original yarn from the Defendant and agreed with the Defendant to pay the original cost to the Defendant for the month following the following month, supplied original intent to the Defendant from November 2017 to October 2018, but did not receive the original cost equivalent to KRW 386,142,156.

(2) Of the original specifications supplied by the plaintiffs to the defendant, the original specifications that did not receive the price of the original specifications are "the original specifications of this case", and the above original specifications are "the price of the original specifications of this case" / [the grounds for recognition] facts without dispute, Gap's 1, 2, Eul's 1, 2, and Eul's 1 and 2 (which include each number number) and the purport of the whole pleadings.

2. According to the above facts of recognition as to the causes of the plaintiffs' claims, the defendant is obligated to pay the plaintiffs the original price of this case 386,142,156 won and damages for delay.

3. The defendant's defense asserts to the effect that the original cost of the original specifications of this case, which caused defects, should be deducted from the original cost of this case.

The facts that there is a defect in the original specifications amounting to 22,278,600 won of the original specifications among the original specifications of this case do not dispute between the parties, and considering the overall purport of the pleadings in the statement in the evidence No. 2 of this case, the plaintiff is the person who should deduct 22,278,600 won of the original specifications of this case as above from the original specifications of this case. Thus, 22,278,60 won of the original specifications of this case should be deducted from the original specifications of this case.

Therefore, the defendant's defense is justified.

4. According to the conclusion, the defendant deducted the defective original cost from the original cost of this case from the plaintiffs, 363,863.

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