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Reasons
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(영문) 인천지방법원 2016.09.06 2015가단72773
물품대금
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1. The Defendant shall pay to the Plaintiff KRW 21,362,750 and the interest rate of KRW 15% per annum from February 26, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. From August 18, 2015 to September 11, 2015, the Plaintiff (C Operation) supplied UV to the Defendant (D Operation) a total of KRW 96,362,750 (Standard MDFD18T, 25T, 4.5, 15T). The Plaintiff received a total of KRW 75,000,000 from the Defendant and received a total of KRW 75,000,000 from the Defendant and currently unpaid goods remains at KRW 21,362,750.

B. 1) At the time of the instant transaction, the Plaintiff and the Defendant (Standard MDF18T, hereinafter “instant goods”).

(2) The portion of the instant goods supplied by the Plaintiff to the Defendant was 580 Kg/metres, which was traded in the form that the Plaintiff supplied to the Defendant by E and directly supplied to the Defendant by E.

[Ground of recognition] The fact that there is no dispute, Gap's 1 or 6 evidence, witness F's testimony, the whole purport of pleading

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 21,362,750, and damages for delay calculated at the rate of 15% per annum from February 26, 2016 to the day following the delivery date of the copy of the complaint of this case sought by the Plaintiff, which is the day after the due date, to the day of full payment, barring any special circumstances.

3. Judgment on the defendant's assertion

A. The defendant's assertion is asserted as follows.

1) The Defendant ordered the portion of the instant goods to 640K/metres. The Plaintiff entered the weight of 580K/metres from 580K/metres. (2) The current market price including the value-added tax per sheet in the case of the instant goods, which is 580K/metres, is below 34,000 won, and the unit price of the instant goods, which is agreed with the Plaintiff, is 64 K/metres, based on a weight of 640 K/metres. Thus, the Defendant’s total of 11,564,00 won [2,065] 5,600 won [36,600 won [3,600 won] - 34,000 won [36,600 won] of the instant goods shall be deducted from the price of the instant goods].

3. In addition, the Plaintiff supplied the instant goods in proportion to 580K/metres 3,723.

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