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(영문) 전주지방법원 2017.12.12 2016가단24583
물품대금
Text

1. The Defendant’s KRW 21,412,750 for the Plaintiff and 6% per annum from May 16, 2015 to December 12, 2017.

Reasons

1. The Plaintiff (hereinafter “C”) who mainly engages in the business of milling and wholesale of the basic facts entered into a rice supply contract with the Defendant, which mainly engages in the distribution and wholesale business of agricultural products (grains, crude grains, miscellaneous grains, etc.) in around 2013. The fact that the Plaintiff supplied rice to the Defendant after the conclusion of the above contract does not conflict between the parties, or that the Plaintiff supplied rice to the Defendant is recognized by comprehensively taking account of the overall purport of the pleadings as stated in the evidence Nos. 1 through 3 and No. 9.

2. The parties' assertion

A. The gist of the Plaintiff’s assertion: (a) from August 30, 2013 to September 17, 2014, the Plaintiff supplied total of KRW 434,634,351 rice to the Defendant; (b) from October 6, 2013 to February 20, 2014, the Plaintiff received only KRW 345,141,601 from the Defendant to February 20, 2014; and (c) on the other hand, the Plaintiff was liable for the payment of KRW 2,200,00 to the Defendant for rice packaging; and (d) the Defendant is the amount of KRW 21,412,750 out of the rice supply amount of KRW 87,292,750 with the rice supply amount, and KRW 65,80,000,00 with the amount of KRW 4 with respect to the Customer Nonparty 3.

(434,634,351 - 345,141,601 - 2,200,000) and damages for delay shall be paid.

B. The summary of the Defendant’s assertion is 21,412,750 won claim amounting to KRW 121,412,750 from August 30, 2013 to September 17, 2014, which deducts KRW 2,200,00 from the amount that the Plaintiff did not receive for rice supply to the Defendant from August 30, 2013 to September 17, 2014.

The Defendant asserts that the difference between the Plaintiff and the Plaintiff in the supply price of rice as of October 5, 2013, which was calculated by mistake, was KRW 8,364,00, and KRW 6,404,00 due to defective rice supplied by the Plaintiff to the Defendant on October 31, 2013, and KRW 18,00,000 due to defective rice supplied by the Plaintiff. However, the Defendant alleged that the damage was inflicted on KRW 18,00,00 due to defective rice supplied by the Plaintiff on November 6, 2017, and that the damage was inflicted on KRW 6,404,00 from the preparatory document as of November 6, 2017.

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