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(영문) 서울남부지방법원 2020.01.17 2019나56126
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. The Plaintiff is a company that manufactures and sells various kinds of paints, and the Defendant is a company that manufactures and sells painting, painting, and waterproofing construction.

B. The Plaintiff supplied paint to the Defendant by December 2017, and around that time, did not receive KRW 5,464,800 from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, 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 to the Plaintiff the amount of KRW 5,464,800, and damages for delay calculated at the rate of 15% per annum from May 5, 2018 to the day of complete payment, which is the day following the delivery date of the original copy of the instant payment order, to the day of complete payment, barring special circumstances.

3. Judgment on the defendant's assertion

A. The gist of the defendant's assertion is that the defendant used a vertical paint supplied by the plaintiff to perform the external design construction work, but the plaintiff suffered damages rather than the defect of the paint, and thus, it cannot pay the price for the goods to the plaintiff.

B. It is insufficient to acknowledge the Defendant’s assertion that there was a defect in the paint supplied by the Plaintiff solely on the basis of the statement Nos. 1 through 3, and there is no other evidence to acknowledge it.

Therefore, the defendant's assertion is not accepted.

4. Thus, the plaintiff's claim shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance with the same conclusion is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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