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(영문) 인천지방법원 2019.10.15 2018나6570
물품대금
Text

1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. On March 14, 2017, the Plaintiff: (a) received an order from the Defendant for KRW 175,000 (unit price of KRW 57, total amount of KRW 9,975,00 (i.e., KRW 175,000 x KRW 57,00); and (b) produced KRW 175,00 among them, 5,000 among them.

After all, the defendant re-produced 175,000 pP cups, which is the use of electronic bags, and around July 2017, the plaintiff supplied 5,000 among them to the defendant.

However, the defendant paid 4,00,000 won to the plaintiff around March 14, 2017 and did not pay the remaining goods to the plaintiff and did not receive the remaining goods from the plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff 6,972,50 won for the price of goods or damages (=10,972,500 won (including value-added tax) - 4,000,000 won) as well as damages for delay.

2. The following circumstances, which can be acknowledged by comprehensively taking account of the overall purport of the pleadings in each description of the evidence Nos. 1 and 2 (including each number), i.e., the Defendant, at the time of the instant order, made it clear that the Plaintiff is a paper-treated pP World Cup, which is an electronic link, and the Plaintiff seems to have been well aware of it, and the Plaintiff also appears to have been well aware of it; ② the Plaintiff, in the preparatory document dated June 28, 2018, was the one in which the Plaintiff’s ordinary paper-type World Cup was carried out; ③ the Defendant lost the Plaintiff’s trust due to the Plaintiff’s defective primary supply; and ③ the Defendant also appears to have been difficult for the Defendant to carry on the Defendant’s business due to the above supply. In light of the following circumstances, the evidence submitted by the Plaintiff alone, thereby implementing the supply under the instant order to the Defendant.

The Defendant did not perform his duty as alleged by the Plaintiff.

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