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(영문) 광주지방법원해남지원 2019.10.01 2018가단202269
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 61,450,000 won and 15% per annum from March 5, 2019 to May 31, 2019.

Reasons

1. Determination as to the cause of the claim: (a) the Plaintiff supplied the Defendants with three places of business in the name of D from November 1, 201 to August 21, 2017, with the feed for the pre-delivery package; (b) on August 21, 2017, at the end of transaction by receiving a partial payment or at discount; and (c) the Plaintiff requested E Co., Ltd. (hereinafter referred to as “E”) to collect the outstanding amount; (d) the Plaintiff collected the outstanding amount from the Defendants at the request of the Plaintiff’s collection (= KRW 37150,00,000 from the Defendants (= KRW 715,715,000 on November 29, 2017) and appropriated the outstanding amount to repay the principal amount; or (e) there is no dispute between the parties to the lawsuit and the entire evidence set forth in subparagraph 37,000,000 won.

Therefore, barring special circumstances, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 60,1450,000 (= KRW 98.6 million - KRW 37150,000) for the remainder of the feed for the previous uniforms.

2. Judgment on the defendants' assertion

A. Determination on the Defendants’ assertion on KRW 51,450,00,00 as to the amount of the feed for the pet uniform uniform supplied in 2016) 1) This is because the Plaintiff’s assertion of the Defendants died in large quantity, which was supplied to the Defendants in 2016, due to the Plaintiff’s failure to wear the feed supplied to the Defendants. This is because the Defendants suffered a large number of damages. Accordingly, the amount equivalent to at least 50% out of the Plaintiff’s claim amount should be reduced. Accordingly, the judgment is understood as a set-off against the Plaintiff’s claim for damages arising from the defect of the article. 2) If the overall purport of the pleadings appears in each of the evidence evidence Nos. 5 and 7 (including the number of pages) and the entire purport of the pleadings, the amount of feed purchased by the pet uniform farmer, including the Defendants, purchased from the Plaintiff, has decreased in most cases in 2017, compared to the year 2016.

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