logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.06.21 2016가단29701
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 35,016,930 as well as the full payment from October 5, 2016.

Reasons

1. Judgment on the main lawsuit

A. According to the Plaintiff’s evidence Nos. 1 through 9 as to the cause of the Plaintiff’s claim, the Plaintiff is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 5, 2016 to the day following the day of delivery of a copy of the instant complaint, since the Plaintiff supplied various food materials to the Defendant from April 2015 to January 2016 and the price for goods not paid from the Defendant reaches 35,016,930 won.

B. The defendant's assertion argues that the book of supply (Evidence A No. 1) based on the price calculation basis of the goods of this case was not prepared on the basis of the clearly settled amount between the parties, and that the defendant's request for return of defective food materials, etc. and the value of food materials that the plaintiff intended to provide without compensation cannot be used as the basis for this, since they are not reflected in the prices

In light of the following circumstances, the items, quantity, unit price, supply price, etc. are specified by item and by day and by day by supplying the goods to the Defendant, and the Plaintiff was signed by the Defendant in a transaction statement (Evidence A 5 through 9) that the Plaintiff supplied the goods to the Defendant, and the Plaintiff received the Defendant’s signature in a transaction statement stating the items and unit price. The Defendant confirmed the unit price of the goods supplied through a transaction statement stating the items and unit price. The Defendant was supplied with food materials from May 2015 to January 2016, and paid the amount of the goods to the Plaintiff over 12 times, without confirming the quantity and value of the goods supplied.

arrow