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(영문) 수원지방법원 2015.01.23 2014가합66690
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 228,897,993 and the interest rate of KRW 20% per annum from July 23, 2014 to the day of full payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap’s evidence Nos. 1 through 10, the fact that the Plaintiff supplied the Defendant with construction materials, etc. equivalent to the aggregate of KRW 1,194,104,660 from April 2013 to November 201, 2013; the Defendant paid the Plaintiff with the price for the goods as above KRW 865,206,667 in total from May 2013 to November 2013; and the Defendant paid KRW 50,000,000 on March 31, 2014; and KRW 15,00,000 on May 27, 2014; KRW 15,000,000 on May 30, 2014; and KRW 10,000 on June 30, 2014; and

According to the above facts, the defendant is obligated to pay to the plaintiff 228,897,93 won (=1,194,104,660 won - 965,206,667 won paid to the plaintiff (=865,206,667 won 50,000,000 won 15,000,000 won) and damages for delay at the rate of 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 23, 2014 to the date of delivery of a copy of the complaint of this case which the plaintiff seeks, unless there are special circumstances.

2. The defendant's defense asserts that since there was a defect in the goods supplied by the plaintiff to the defendant, and as a result, damage exceeding 12,00,000 won occurred to the defendant, the above amount of damage should be deducted from or offset against the plaintiff's claim for the price of the goods.

In this regard, there was a defect in goods supplied by the Plaintiff to the Defendant.

Since there is no clear evidence to prove that the defendant suffered the same loss as the defendant asserts due to the above defect, the defendant's above defense has no merit.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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