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(영문) 서울남부지방법원 2018.11.13 2018가단208967
물품대금
Text

1. The Defendant’s KRW 3,378,794 as well as the Plaintiff’s KRW 6% per annum from December 3, 2016 to March 12, 2018.

Reasons

1. The Plaintiff supplied 820,566,542 won to the Defendant from November 201 to November 2016 (including value added taxes; hereinafter the same shall apply) with an Aluminium pressure emitting aluminium. The Defendant paid the remainder after deducting 61,282,689 won that the Plaintiff requested to issue a tax invoice on November 25, 2016. Meanwhile, the Plaintiff and the Defendant agreed to deduct the amount equivalent to 2% at the time the transaction began on November 21, 2014, 5% at the time of pressure emitting four holes, and 6% at the time of leaving the transaction, from September 1, 2015 to 15, 2015.

The amount of credit for the bad faith ratio is 27,903,895. The facts that cause the bad faith ratio is 27,903,895 are not disputed between the parties, or the whole purport of the pleadings is acknowledged in addition to the statements in subparagraphs 2, 3, and 1 and

2. Determination

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the amount of KRW 33,378,794 (=61,282,689 won - 27,903,895 won) and the interest calculated at each rate of 15% per annum under the Commercial Act from December 3, 2016 to March 12, 2018, the delivery date of a copy of the complaint of this case, which is the delivery date of the copy of the complaint of this case, from March 12, 2016, and from the next day to the day of full payment.

B. As to this, the Defendant is the Plaintiff’s “one period from November 21, 2014 to August 31, 2015.”

) The Defendant did not provide the amount deductible in kind with the defective rate of 14,431,047 (=288,620,947) amount equivalent thereto x 5% of cash deduction rate of 14,431,047.

However, the evidence submitted by the defendant alone is insufficient to recognize that the plaintiff did not provide the first installment deduction to the defendant.

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