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(영문) 대전지방법원 2017.05.24 2016가단207710
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 89,807,080 and the interest rate of KRW 15% per annum from March 19, 2016 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. A. Around July 2015, the Plaintiff entered into a contract with the Defendant for a full-time processing that is supplied by the Defendant with Si films and pro rata films, which are raw materials, to carry out the Acryding process in accordance with the process method presented by the Defendant. 2) On August 2015, the Plaintiff: (a) around August 2015, the Plaintiff: (b) around 2015, the Plaintiff supplied the Defendant with a full-time processing film of 20,498 meters, which is set at KRW 1,633.79, which was set at KRW 618,618, which was set at KRW 20,600 per meter; and (c) the Ring film at KRW 23,771m, which was set at KRW 1,600 per meter.

(hereinafter referred to as the “instant product” and each of the above unit prices does not include value-added tax). [Grounds for recognition] The fact that there is no dispute, each entry of Gap evidence Nos. 1 through 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

B. According to the above facts of determination, barring any special circumstance, the defendant is obligated to pay to the plaintiff the cost of processing the goods of this case 89,807,080 won [= 81,642,800 won [=10,633.79 won x 6,618m, and 100 won as requested by the plaintiff] 32,796,80 won (=1,600 won x 20,498m) 38,03,600 won (i.e., value 1,600 x 23,71m x 23,71m)] and damages for delay calculated as claimed by the plaintiff at the rate of 15% per annum from March 19, 2016 to the day of the delivery of the original copy of the payment order of this case.

2. Judgment on the defendant's defense

가. 피고의 주장 이 사건 물품은 원고의 가공 잘못으로 휨 현상이 발생하는 하자가 있다.

Accordingly, the defendant suffered losses in excess of the above processing price.

Therefore, the defendant's damage claim and the plaintiff's above contract processing cost claim are offset against the equal amount.

B. According to the statement Nos. 1 and 2 of the judgment, some of the instant goods are displayed.

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