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(영문) 인천지방법원부천지원 2017.05.12 2016가합1662
물품대금
Text

1. The Defendant’s KRW 471,304,50 for the Plaintiff and 6% per annum from January 3, 2017 to May 12, 2017.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the cause of claim Gap's evidence Nos. 1, 2, and 3, the plaintiff is a company that manufactures and sells building materials, etc., and the defendant is a company that manufactures and sells electronic parts, etc., and the plaintiff can recognize the fact that the plaintiff supplied the defendant with the uniforms equivalent to KRW 1,073,496,60 from October 22, 2016 to December 13, 2016. Meanwhile, the plaintiff is a person who, after the institution of the lawsuit in this case, paid or offset part of the price of the above uniforms, and the remaining price of the article against the defendant is 471,304,50 won as at the time of the closing of argument in this case. Thus, the defendant is liable to pay to the plaintiff the remaining price of article 471,304,500 won and delay damages.

2. The defendant's argument regarding the defendant's assertion is asserted to the effect that the amount of damages caused by the above defect should be deducted from the price of goods because there is a defect in the part of the erop supplied by the plaintiff. However, there is no evidence to acknowledge the existence of the erop supplied by the plaintiff. Thus, the defendant'

3. According to the conclusion, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at each rate of 6% per annum under the Commercial Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 3, 2017 to May 12, 2017, the date following the delivery date of a copy of complaint, which is the day following the delivery date of a copy of complaint, as the Plaintiff seeks, to the Plaintiff.

Therefore, the plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition in accordance with Article 98 and the proviso of Article 101 of the Civil Procedure Act.

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