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Reasons
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(영문) 수원지방법원성남지원 2015.03.03 2014가단30024
물품대금
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1. The Defendant shall pay to the Plaintiff KRW 87,205,589 and the interest rate of KRW 20% per annum from August 13, 2014 to the day of complete payment.

Reasons

1. In light of the facts without dispute, and the overall purport of the pleadings in the evidence Nos. 1 and 2, the Plaintiff supplied the Defendant with the product, such as the color glass of finished products, and the Defendant paid 88,205,589 won to the Plaintiff as of June 2, 2014, and the Defendant paid one million won out of the price of the above product on October 14, 2014 to the Plaintiff is recognized.

In light of the above facts, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 87,205,589 and delay damages at the rate of 20% per annum from August 13, 2014 to the date of full payment after the issuance of the instant payment order to the Defendant.

2.(a)

On this issue, the defendant asserts as follows.

On January 16, 2014, the Defendant delivered to the Plaintiff two copies of electronic bills worth KRW 35 million (i.e., KRW 25 million, issuance date; KRW 10 million; KRW 10 million; date of issuance; date of issuance; and date of issuance; (ii) August 29, 2013; and (iii) the Plaintiff agreed to return each of the said bills to the Defendant by no later than February 15, 2014.

However, the Plaintiff did not return each of the above bills within the above period. If the Plaintiff returned each of the above bills of this case within the above period of return, the Defendant received each of the above bills from HHC Co., Ltd. which was the drawer, and the Plaintiff did not return each of the above bills, and the Defendant did not eventually receive the bills from the issuer.

In addition, since LPC currently applied for the rehabilitation, the defendant eventually was not entitled to receive bills from LPC Co., Ltd., thereby causing damage equivalent to each of the bills of this case.

Therefore, among the defendant's debt 87,205,589 won against the plaintiff, the above amount of KRW 35 million should be deducted.

Accordingly, the defendant.

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