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(영문) 청주지방법원충주지원 2015.08.20 2014가단22645
물품대금
Text

1. The Defendant’s KRW 83,577,00 for the Plaintiff and 6% per annum from November 21, 2013 to November 6, 2014.

Reasons

1. The Plaintiff’s judgment on the cause of the claim is a corporation with the purpose of manufacturing, selling, importing, and exporting computers and peripheral devices. The Defendant is a corporation with the purpose of manufacturing and wholesale business of computers and peripheral devices, etc., and the Plaintiff sells television produced or imported by the Plaintiff from April 2013 to October 2013, and the Plaintiff sold TV and monitors, monitors, etc. to the Defendant. As of November 20, 2013, the remainder of the transaction amount was KRW 125,57,000, and the Defendant paid KRW 42,00,000 to the Plaintiff on the same day did not conflict between the parties, or the Defendant paid KRW 1,2,00,00 to the Plaintiff on the same day by taking full account of the entire descriptions and arguments of evidence Nos. 1, 2, and 4 (including the number of pages; hereinafter the same shall apply) and all

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 83,57,00 in the balance of the goods price (i.e., KRW 125,57,000 - KRW 42,00,000) and damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from November 21, 2013 to November 6, 2014, the delivery date of a copy of the instant complaint, and 20% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment.

2. The judgment on the Defendant’s assertion: (a) the Plaintiff and the Defendant calculated the sales incentive of KRW 61,417,760, which the Plaintiff agreed to pay to the Defendant at KRW 125,57,00,00, which was the balance of the transaction price up to the time when the transaction was settled on November 20, 201; (b) the remainder of KRW 64,159,240, which was the remainder of KRW 61,57,000 (= KRW 125,577,000 - KRW 61,417,760), which was the remainder of KRW 42,159,240, which was the remainder of KRW 64,159,240 (= KRW 64,159,240 - KRW 42,00,000) paid to the Plaintiff on the same day; and (c) the Plaintiff did not properly incur damages to the Plaintiff until the end of the same year.

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