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Reasons
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(영문) 수원지방법원안양지원 2017.09.20 2016가단110541
물품대금
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1. The Defendant shall pay KRW 38,854,50 to the Plaintiff the annual rate of KRW 15% from August 3, 2016 to the date of complete payment.

Reasons

1. Determination

A. The Plaintiff on August 19, 2013, in full view of the fact that there is no dispute over the determination of the cause of the claim, and the purport of Gap evidence No. 1 (including additional numbers) and the entire pleadings;

8.23.

8. 30. &

9. 10. A total of KRW 56,094,500 to the Defendant (i.e., KRW 19,932,00, KRW 3,575,000, KRW 16,55,000) was recognized to have been supplied with medical devices, such as urology test papers, and the Plaintiff was paid KRW 17,240,00 among them.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 38,854,50 (=56,094,500-17,240,000) and delay damages.

B. The defendant's defense of the defense against the claim for deduction was asserted that since the plaintiff promised to compensate the defendant for the difference in the market price of the goods supplied by the plaintiff at the time of the above transaction, the difference compensation amount should be deducted from the price of the goods in this case.

However, the evidence submitted by the Defendant alone is insufficient to recognize that there was an agreement on compensation for difference, and there is no other evidence to acknowledge it, and there is no assertion or proof as to the amount of compensation for difference that should be deducted.

(B) According to the statement in Eul evidence No. 1, the defendant's demand for reduction of KRW 3 million from the defendant's side of the price of the goods in this case, while the plaintiff's representative is only recognized as proposing reduction of KRW 18 million from the defendant's side, and in relation thereto, both parties do not reach an agreement. Accordingly, the defendant's claim for deduction cannot be accepted.

C. Therefore, the Defendant is obligated to pay 38,854,500 won for the goods unpaid to the Plaintiff and damages for delay calculated at the rate of 15% per annum from August 3, 2016 to the date of full payment, which is the day following the delivery of a copy of the instant complaint to the Defendant.

The plaintiff is a duplicate of the complaint of this case from September 11, 2013.

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