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(영문) 수원지방법원안산지원 2020.01.10 2019가단14585
물품대금
Text

1. The defendant shall pay 191,250,000 won to the plaintiff and 12% per annum from August 27, 2019 to the day of complete payment.

Reasons

1. Determination as to the cause of the claim: (a) the Defendant requested the Plaintiff to jointly produce and supply the penalty equivalent to KRW 34,000,000, such as BPS-conter Cases, on March 10, 2018; (b) the gold penalty equivalent to KRW 46,50,000, such as the aftermack, etc. on March 28, 2018; (c) the gold penalty equivalent to KRW 140,00,000, such as the dwelling room, etc. on May 16, 2018; and (d) the Plaintiff requested the Plaintiff to jointly produce and supply the gold penalty equivalent to KRW 162,00,00,000, such as the dwelling room, etc. on July 2, 2018; and (e) the Plaintiff produced and supplied all the gold penalty in response thereto, there is no dispute between the parties.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 382,50,000 (=34,000,000 + KRW 46,50,000 + KRW 140,000 + + KRW 162,00,000 + KRW 162,00,000 plus KRW 191,250,000 calculated by subtracting the Plaintiff’s payment from the remainder of KRW 191,250,00 (=382,50,000 + KRW 191,250,00) and damages for delay.

2. As to the judgment on the Defendant’s assertion, the Defendant asserted that the aforementioned request for production and supply was made pursuant to the contract of the D Co., Ltd., and that, regarding the schedule of supply and payment of the price, the agreement was reached by mutual agreement in consideration of the actual ordered quantity of the D Co., Ltd., and the ordered quantity was less than anticipated, but the Plaintiff could not unilaterally supply and pay the price. However, there is no evidence to acknowledge that there was an agreement between the Plaintiff and the Defendant that the Defendant

3. In conclusion, the defendant is obligated to pay to the plaintiff losses incurred by delay calculated at the rate of 12% per annum from August 27, 2019 to the date of full payment after the delivery of the payment order of this case sought by the plaintiff since the date of production and supply of gold as well as the amount of KRW 191,250,000 to the plaintiff. Thus, the plaintiff's claim is justified and it is so decided as per Disposition.

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