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(영문) 의정부지방법원 2020.02.04 2018가단26116
물품대금
Text

1. The defendant shall pay to the plaintiff KRW 30,924,171 as well as 15% per annum from March 1, 2019 to May 31, 2019, and the next day.

Reasons

1. As to the Plaintiff’s assertion, the Plaintiff (C) supplied the original unit to the Defendant (D) by February 9, 2018. Of the outstanding amount of KRW 35,924,171, the fact that the settlement of KRW 2,000,000 on February 12, 2018, and KRW 3,000,000 on April 17, 2018 is not a dispute between the parties.

Therefore, the defendant is obligated to pay 30,924,171 won to the plaintiff.

2. The defendant's assertion argues that the plaintiff supplied a more source than the ordered unit and had the defendant keep the remainder without promptly receiving the return of the original unit. The plaintiff asserts that the plaintiff has the intention to pay 11,066,131 won, excluding the original unit 19,858,040 won under the condition that the original unit is returned.

However, only the description of Eul evidence No. 1 (original photo) provided the plaintiff more than the ordered quantity of the defendant.

or the plaintiff shall not be deemed to have the obligation to take over the original unit.

3. According to the conclusion, the Plaintiff’s claim is reasonable in addition to applying the changed interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 1, 2019.

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