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(영문) 인천지방법원부천지원 2015.04.07 2014가단46060
물품대금
Text

The defendant shall pay 42,562,652 won to the plaintiff and 20% per annum from November 21, 2014 to the day of complete payment.

Reasons

According to the fact that there is no dispute over the cause of the claim, and according to the purport of Gap 2 through 6's written statements and the whole arguments, the plaintiff supplied recyclable plastic materials (hereinafter "the raw materials of this case") to the defendant who runs the manufacturing industry, such as rubber processing from around 2012 to the trade name "B", and the fact that the amount which the plaintiff received from the defendant out of the price of the goods supplied by the plaintiff until January 14, 2014 is equivalent to KRW 42,562,652 (hereinafter "the remaining price of the goods of this case").

Thus, the defendant is obligated to pay 42,562,652 won of the remaining goods of this case as well as damages for delay calculated at the rate of 20% per annum from November 21, 2014 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the plaintiff, unless there are special circumstances to the plaintiff.

The Defendant asserted that the Defendant purchased the instant raw material from the Plaintiff and manufactured the chaired parts, etc. and exported them to China. On September 24, 2013, due to the defect in the instant raw material, the Defendant’s export to China led to a defect in the surface and the unfolding parts.

Accordingly, the Plaintiff and the Defendant agreed to deduct the amount equivalent to 40,000,000 won out of the attempted amount of goods, and specifically, to deduct the said attempted amount if the transaction continues for two years at the level of 40,000,000 won of the attempted amount of goods in the future.

(hereinafter “instant agreement”). Accordingly, the Defendant is not obligated to pay the remaining goods price of this case.

Rather, the Defendant caused a business loss where the payment period is delayed due to the Plaintiff’s unilateral discontinuance of transaction and the production operation is suspended.

Judgment

Therefore, according to the descriptions and images of gambry, Eul 2 to 7 (including the number of pages) respectively, the defendant exported to China.

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