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(영문) 청주지방법원충주지원 2016.09.08 2015가단23270
물품대금
Text

1. The Defendant: (a) KRW 46,291,400 for the Plaintiff and KRW 5% per annum from November 20, 2015 to September 8, 2016; and (b).

Reasons

1. Basic facts

A. From February 28, 2015 to June 30, 2015, the Plaintiff supplied the Defendant with goods equivalent to KRW 79,391,400 in total, such as accelerators and rollers (hereinafter “instant goods”).

B. On May 8, 2015, the Defendant paid KRW 30,000,00 to the Plaintiff as the price for the instant goods.

[Ground of recognition] Facts without dispute, Gap evidence 2-1 through 7, Gap evidence 3-1 through 6, Gap evidence 4, Gap evidence 5-1 and 5-2, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 49,391,400 (=79,391,400 - 30,000) and damages for delay.

B. A summary of the Defendant’s assertion 1) Around April 21, 2015, the Plaintiff supplied ten high-speed gas (Evidence 2-4) to which two of them were returned. The two of them were in a situation where return was requested, the remainder of six of them was repaired and used, and the price of which was agreed to be KRW 850,000 per unit. Thus, the price of the said reduction was KRW 10,50,000 (=10 x 10 x 1,050,000) as well as KRW 3,10,00,000 (=6 x 850,000 - repair cost 2,000 - 2,000) as requested by the Plaintiff, and the price of the wood processing (Evidence 2-6) under the Plaintiff’s request is not for delivery to the Defendant for continuous production but for the future production of the Plaintiff.

3) On March 30, 2016, the Defendant asserted that there was no obligation to pay the price corresponding to the evidence No. 2-1 and No. 2 in the preparatory documents as of March 30, 2016, the Plaintiff asserted that there was no obligation to pay the price corresponding to the evidence No. 2-5 and No. 7 in the preparatory documents as of August 11, 2016, and that there was no obligation to pay the price corresponding to the above evidence No. 2-5 and No. 7 in the preparatory documents as of March 30, 2016.

The plaintiff unilaterally requests the estimation from the defendant.

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