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(영문) 서울남부지방법원 2019.12.26 2019나51862
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. The grounds for the quoted decision of the court of first instance are the same as the grounds for the decision of the court of first instance, except for adding the same judgment as those as those as those as the stated in paragraph (2).

2. The Defendant asserts that, even though the delivery deadline of the Plaintiff was November 24, 2017, the Plaintiff supplied the Plaintiff’s goods payment claim against the Plaintiff on January 5, 2018, and on January 6, 2018, the Plaintiff’s goods payment claim against the Plaintiff was offset against the Plaintiff’s goods payment claim against the Plaintiff by the Defendant’s automatic claim.

On the other hand, the above argument by the defendant is premised on the fact that the plaintiff and the defendant set the delivery period and agreed to pay compensation for delay. The evidence Nos. 1, 2, 5, and 9 is merely a document unilaterally prepared by the defendant, and it is difficult to believe that the statement was made as it is, and otherwise, the plaintiff and the defendant set the delivery period.

there is no evidence to prove that there has been an agreement for liquidated damages.

(A) According to the evidence Nos. 11 and 6, the Defendant’s request for the delivery to the Plaintiff on November 30, 2017 may be recognized as having been made by December 9, 2017). Therefore, the Defendant’s above assertion, which is not acknowledged as the premise, is without merit without further review.

3. The decision of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit.

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