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(영문) 창원지방법원밀양지원 2017.08.22 2016가단3364
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 77,877,800 and the interest rate of KRW 15% per annum from October 18, 2016 to the date of full payment.

Reasons

The Plaintiff agreed to provide the Defendant with KRW 77,877,800 for the payment of KRW 136,150km, which is piping material, to the Defendant, and provided the Defendant with all of the above siren 136,150km from May 26, 2016 to May 31, 2016, may be recognized pursuant to the purport of the entry of evidence No. 1 and all pleadings.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the amount of KRW 77,877,800 for the goods price and delay damages at the rate of KRW 15% per annum from October 18, 2016 to the date of full payment, which is the day following the delivery date of the duplicate of the application for the instant payment order.

In this regard, the defendant asserts that since 70% of the sirens 136,150 g supplied by the plaintiff cannot be used as inferior goods, the amount of goods equivalent thereto cannot be paid. 20% of the price of goods can be corrected and used directly by the defendant, and 5,000,000 won should be deducted from the price of goods.

The descriptions in subparagraphs 1, 2, and 3-1 and 2 of the evidence Nos. 1, 3-2 are not enough to use the siren supplied by the Plaintiff as it is a bad thing.

It is insufficient to deem that there was a defect or defect, and there is no other evidence to acknowledge it, and rather, according to the result of the appraisal commission to A and the purport of the entire pleadings by this court, it is difficult to deem that a siren supplied by the defendant from the plaintiff was either impossible to use it or a defect existed, and

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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