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(영문) 대구지방법원서부지원 2020.06.25 2019가합51424
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 313,62,175 and the interest rate of KRW 12% per annum from June 1, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity that runs the textile manufacturing business, textile export and import business, textile entry processing business, etc., and the Defendant is a legal entity that runs clothes, shoes manufacturing business, clothing, wholesale and retail business, trade business, etc.

B. On June 30, 2018, the Plaintiff supplied the Defendant KRW 3,149,025 on June 30, 2018, KRW 3,341,415 on July 31, 2018, KRW 70,876,960 on August 31, 2018, KRW 77,656,920 on September 30, 2018, KRW 72,298,490 on October 31, 2018, KRW 754,520 on November 30, 202, KRW 754,520, KRW 98,132,320 on February 28, 2019, KRW 456,600 on September 30, 2018, KRW 3750 on May 36, 2018, KRW 3058.

C. On May 14, 2019, the Plaintiff and the Defendant drafted the attached Form B Customer Director (hereinafter “Transaction Director”).

[Ground of recognition] Facts without dispute, Gap Nos. 1, 3, 5 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion and the Defendant, on May 14, 2019, drafted the head of the instant transaction partner, and settled the price of the goods, the amount of the goods already paid, the amount of damages caused by the shortage of the original amount, the amount of damages caused by the shortage of the original amount, and the amount of the goods unpaid after deducting the transport fee from the original amount, set at KRW 313,662,175, and thus, the Defendant is entitled to the said KRW 313,662,175 and damages for delay.

B. The damage caused by the failure to pay off the original amount claimed by the plaintiff to be deducted by the defendant is against the original part of the name "C", and no other damage caused by the failure to pay off the original amount has been settled.

Of the original parts supplied by the Plaintiff, the Defendant suffered damages equivalent to KRW 160,941,557 due to the defective parts of the original parts of the “Name” D, “E,” “F,” “G” and “H,” and thus, the Defendant is obliged to additionally deduct KRW 160,941,557 from the amount of the unpaid goods claimed by the Plaintiff.

3. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant shall pay the unpaid amount of KRW 313,662,175 to the plaintiff and a copy of the complaint of this case sought by the plaintiff.

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