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(영문) 서울남부지방법원 2016.04.26 2015가단61525
물품대금
Text

1. As to the Plaintiff KRW 34,280,00 and KRW 19,045,00 among them, the Defendant shall pay to the Plaintiff KRW 2,255,00 from July 1, 2013, and KRW 2,255,00.

Reasons

1. Facts of recognition;

A. The Plaintiff supplied goods to the Defendant and completed the installation work as follows.

(1) On June 30, 2013, in total, KRW 29,788,000 (2) other than a device (SG-4010) (SG-4010) on July 31, 2013, KRW 2,255,00 (3) other than a device (SG-4010 CD) on August 30, 2013 (SG-4010 MMA) 4,180,000 (4) of a device (SG-4010 MMA) on March 7, 2014 (A), installation of radio broadcasting equipment (A) on March 7, 2014, KRW 8,800,000.

B. The Plaintiff was paid KRW 10,743,00 in total on four occasions between June 30, 2013 and June 30, 2014 as the price for the goods as of June 30, 2013 by the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff 34,280,00 won in total (29,788,000 won - 10,743,000 won - 2,255,000 won 4,180,800,000 won in total) and 19,045,000 won in total from July 1, 2013, which is the day following the date of the supply of goods, 2,25,000 won in total from August 1, 2013, 4,180,000 won following the date of the supply of goods to the Defendant with the annual interest of 15,000 won from September 1, 2013 to June 15, 2014, each of the following day after the date of the supply of goods provided for in the Commercial Act from the date following the date of the supply of goods, to the Defendant’s annual interest of 3,8,8,8000,00,000 won.

B. As to the judgment on the Defendant’s assertion, the Defendant asserted that since the Plaintiff violated the work agreement entered into with the Defendant and caused damage to the Plaintiff, the Plaintiff cannot pay the price for the goods to the Plaintiff. However, the evidence alone presented by the Defendant was in violation of the work

It is insufficient to recognize that the Plaintiff suffered loss due to such a violation, and there is no other evidence to acknowledge it.

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