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(영문) 인천지방법원 2018.07.25 2016나62620
물품대금
Text

1. Of the judgment of the court of first instance, KRW 85,005,216 against the Plaintiff and its related costs from August 13, 2013 to July 25, 2018.

Reasons

1. The parties' assertion

A. Plaintiff 1) until August 12, 2013, the Plaintiff supplied Kimchi equivalent to US$ 498,240 to the Defendant, and the unpaid price for supply reaches US$ 97,680. 2) Accordingly, the Defendant is obliged to pay the Plaintiff the amount calculated by converting US$ 97,680 into Korean currency and its delay damages.

B. Defendant 1) The Kimchi supplied by the Defendant to the Plaintiff by August 12, 2013 is equivalent to USD 347,760, and the amount of supplied goods among them is merely USD 76,320. 2) The amount of supplied goods was equivalent to USD 9,120 that the Plaintiff supplied by May 2013, and the amount of kimchi supplied by the Plaintiff from June 2013 to August 2013 was defective, thereby causing considerable damage to the Defendant. Accordingly, the Defendant did not have the obligation to pay the said amount of supplied goods to the Plaintiff, 76,320.

2. Determination

A. The Plaintiff claimed the price for supply of kimchi supplied to the Defendant. The Defendant received kimchi from the Plaintiff until August 12, 2013, and the portion of USD 76,320 out of the unpaid price for supply of kimchi is no dispute between the parties.

(B) The Defendant is obligated to pay to the Plaintiff the price of goods at least KRW 76,320,00,000,000,000,000,000,000,000,000,000,000,0

[In addition to the above amount, the plaintiff filed a claim for the price of supply of US$ 21,360 ($ 97,680- US$ 76,320). However, it is difficult to recognize only the evidence No. 1 (the statement of transaction prepared by the plaintiff himself) and there is no other evidence to acknowledge it. Accordingly, the plaintiff's claim for this portion is without merit).

On the other hand, the defendant is not guilty of the part corresponding to the above amount among the kimchi supplied by the plaintiff, and thus, he shall pay this part of the price.

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