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(영문) 수원지방법원안산지원 2014.03.19 2013가단24382
물품대금
Text

1. The defendant shall pay 39,832,750 won to the plaintiff and 20% per annum from July 17, 2013 to the day of complete payment.

Reasons

1. The fact that the Plaintiff and the Defendant concluded a contract for the supply of automobile parts on August 2008 and continued to provide the Defendant with the automobile parts from August 2008 to June 2012. The fact that the Plaintiff did not pay KRW 39,832,750 for the goods supplied by the Defendant to the Plaintiff as above does not conflict between the parties.

2. Judgment on the defendant's defense

A. First of all, the defendant defense that the amount of 30,803,400 won should be deducted as the part supplied by the plaintiff occurred. However, the evidence submitted by the defendant alone is insufficient to accept it, and there is no other evidence to acknowledge it. Thus, the above defense is without merit.

B. Furthermore, the defendant, due to the plaintiff's incomplete performance, received the termination notice from the non-party UW-ZN on April 19, 2012, and caused damage of KRW 420,000,00 (annual 70 million x 6 years). Thus, the defendant's defense that the defendant's claim for damages against the plaintiff against the plaintiff is offset by KRW 9,029,350 against the remainder of the claim for the payment of goods against the plaintiff. However, the evidence submitted by the defendant alone is insufficient to acknowledge that the defendant received the termination notice from the non-party UW-ZN on April 19, 2012 due to the non-party's incomplete performance, and thereby, it is insufficient to acknowledge that the defendant suffered damage of KRW 420,00,00 (annual 70 million x 6 years) from the non-party UW-ZN on April 19, 2012.

3. Accordingly, the Defendant is obligated to pay to the Plaintiff the amount of KRW 39,832,750 for the unpaid goods and the damages for delay calculated at the rate of 20% per annum from July 17, 2013 to the day of full payment, which is the day following the delivery of a copy of the instant complaint.

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