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(영문) 서울남부지방법원 2015.11.06 2015가단230512
물품대금
Text

1. The Defendant’s KRW 59,676,146 as well as the Plaintiff’s KRW 20% per annum from July 21, 2015 to September 30, 2015, and thereafter.

Reasons

1. There is no dispute between the parties as to each of the facts stated in the separate sheet of claim concerning the plaintiff's claim.

Comprehensively taking account of the above facts acknowledged, the defendant is obligated to pay the plaintiff the price of goods 65,676,146 won and damages for delay.

2. Judgment on the defendant's assertion

A. The defendant asserts that since the plaintiff filed the lawsuit in this case and paid an additional amount of 6 million won, it should be deducted from the amount of the plaintiff's claim.

The plaintiff recognizes the fact that the defendant paid KRW 6 million, so the defendant's above assertion is reasonable.

B. Other assertion 1) The plaintiff alleged that the defendant supplied goods to the defendant at a low price and took a heavy interest, and the defendant demanded to adjust the total amount of the outstanding amount when the defendant demanded the reduction of the supply price, and unilaterally suspended the transaction, thereby causing damage to the defendant (the defendant seems to have claimed tort or unfair legal act).

2) In addition, the Plaintiff rejected the Defendant’s request for the installment payment of the outstanding amount. 2) The Plaintiff unlawfully suffered damages to the Defendant.

There is no evidence that the sales contract between the plaintiff and the defendant has been significantly lost fairness.

In addition, the plaintiff is not obliged to comply with the demand for installment payment of the outstanding amount.

All Defendant’s arguments are rejected.

3. Conclusion, the Defendant is obligated to pay to the Plaintiff the remaining price of KRW 59,676,146 (i.e., KRW 65,676,146 - KRW 6,00,000) and damages for delay calculated by adding 20% per annum from July 21, 2015 to September 30, 2015, as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, after the delivery of the original copy of the instant payment order sought by the Plaintiff, to the day of full payment from the following day to the day of full payment.

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