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(영문) 인천지방법원 2017.07.12 2016가단508
물품대금
Text

1. The Defendant’s KRW 53,38,00 for the Plaintiff and KRW 6% per annum from February 3, 2016 to July 12, 2017.

Reasons

1. Determination as to the cause of claim

A. In fact, the Plaintiff, who is engaged in the business of manufacturing semiconductor parts, traded goods to the Defendant from June 20, 2014, and on February 12, 2015, the outstanding amount of the goods that the Plaintiff was paid as of February 12, 2015 was KRW 17,100,000,000. (2) The Plaintiff received orders from the Defendant on November 1 to December 12, 2014, and supplied the Defendant with KRW 11,80,000 for goods (hereinafter “the instant private street enjoy”).

3) The Plaintiff received an order from the Defendant around March to April 2015 and received an order from the Defendant from June 2015 to August 2015, 2015, and the Plaintiff’s 20-way air waybills worth KRW 69,300,000 for the amount of goods to the Defendant (hereinafter “instant air waybills”).

(4) The Plaintiff supplied goods, etc., other than the above goods, to the Defendant from February 13, 2015 to November 17, 2015, and was paid part of the amount including the price of the above goods, etc., and on November 17, 2015, the amount receivable that the Plaintiff would receive as of November 2015 is KRW 72,880,00.

[Reasons for Recognition] Each entry in Gap evidence Nos. 2, 3, 4, 5, 8, 9, 12, Eul evidence No. 3 (including paper numbers), and the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 72,880,000 won for the goods, including the price for the goods such as the sofags, the sofags, the sofags, and the sofags, unless there are special circumstances.

2. Judgment on the defendant's defense

A. Although the Defendant’s assertion 1 agreed to deliver up to December 2014, 2016, the Plaintiff delayed the payment period by supplying around March 2015, and supplied the so-called so-called so-called so-called 0.75 R arbitrarily after being ordered for the so-called so-called so-called so-called so-called so-called 36 enjoyion.

Therefore, since the defendant cancels this part of the contract, the plaintiff cannot claim 11,880,000 won for the goods of this case to the defendant, and 11,880,000 won from the price for the goods of the plaintiff.

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