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(영문) 서울남부지방법원 2018.11.29 2018나53601
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On February 26, 2014, the Plaintiff entered into a contract with the Defendant to supply PCB (hereinafter “instant parts”) 20,000 won per unit (type 10,000, horizontal 10,000 won per unit) to KRW 35,20,000 (including value-added tax) (hereinafter “instant contract”).

At the time of the instant contract, the Plaintiff agreed to bear the costs of re-prefabricated and A/S due to defects in the instant parts.

The Plaintiff supplied 20,000 parts to the Defendant by June 25, 2014.

B. The Defendant paid to the Plaintiff KRW 12,320,00 equivalent to 10,560,000 as the down payment of the instant contract on February 28, 2014, and KRW 12,320,000 equivalent to the remaining 50% of the balance on July 23, 2014, but did not pay the remainder of KRW 9,320,00 (3,000,000,000,000,000,000,000,000,000,000,000,000,0

[Reasons for Recognition] Each entry of Eul 1, 2, 3, and 6 (including a serial number), and the purport of the whole pleadings.

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 9,320,000 and damages for delay, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The defendant's assertion that the defendant sold 14,533 products using parts supplied by the plaintiff, but the defect occurred in 3,589 (A/S 3,509 and 70 returned goods) and repaired or exchanged them, and there are defects in remaining goods.

On May 12, 2017, the Defendant returned 7,731, including the above inventory, to the Plaintiff.

In relation to the payment of goods unpaid on July 22, 2014, the Plaintiff and the Defendant agreed to make payment after producing all finished products using the instant parts. As long as the Defendant failed to produce all finished products using the instant parts, the aforementioned conditions are set.

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