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(영문) 전주지방법원 정읍지원 2017.01.17 2016가단1937
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 24,171,00 and the interest rate of KRW 15% per annum from May 20, 2016 to the day of complete payment.

Reasons

1. In full view of the facts that there is no dispute over determination as to the cause of the claim, and the purport of the entire pleadings as to the entries in Gap evidence Nos. 1 and 2, the fact that the plaintiff delivered to the defendant, from January 1, 2011 to March 27, 2014, and the fact that the remaining price as of March 3, 2016 constitutes 24,171,000 can be acknowledged.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the above KRW 24,171,00 and damages for delay calculated at the rate of 15% per annum from May 20, 2016 to the day of full payment after the delivery of a copy of the complaint of this case to the Defendant, as sought by the Plaintiff, as the price for goods.

2. The defendant's assertion argues that since the plaintiff supplied goods at an excessive high price and there was a defect in the goods supplied by the plaintiff, the compensation for such defect must be reduced by KRW 10 million out of the price of the goods.

However, the Plaintiff supplied goods at an unfair price.

The evidence submitted by the defendant alone is insufficient to recognize that there was a defect in the goods supplied by the plaintiff, and there is no other evidence to acknowledge it (the photograph attached to the defendant's preparatory document alone cannot be known about the occurrence and scope of the defect). The defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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