logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2015.11.10 2015가단6908
매매대금
Text

1. The Defendant’s KRW 49,206,850 as well as the Plaintiff’s KRW 20% per annum from April 3, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs meat wholesale business, etc., and the Defendant is a corporation that runs franchise business, etc.

B. The Plaintiff agreed to supply the instant scrap between the Defendant and the Defendant’s store to supply the said scrap, etc. (hereinafter “instant scrap”). The Defendant’s franchise store supplied the instant scrap, and the attempted amount that the Defendant did not pay to the Plaintiff is KRW 49,206,850 as of March 5, 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 49,206,850 of the unpaid amount of goods and delay damages with the interest rate prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (20% per annum from September 30, 2015 until September 30, 2015, and 15% per annum from the next day to the day of full payment) on the record that it is evident that the delivery day of the copy of the complaint of this case is the day following the delivery day of the

3. Judgment on the defendant's defense

A. The defendant's defense is that there are many defects, such as a large amount of rain in the instant scrap machine supplied by the plaintiff, a large amount of boness, and a large amount of boness, which would cease to be used. Accordingly, the defendant's franchise store's total damages amounted to KRW 250,662,050.

B. Where the subject matter of sale lacks objective nature and performance which can be expected in light of the transaction norms, or the subject matter of sale lacks the nature scheduled or guaranteed by the parties, the seller bears the warranty liability for the buyer due to such defects.

However, Article 69 of the Commercial Act provides, "If a buyer has received an object, he shall inspect it without delay, and if any defect or shortage of quantity has been discovered, he shall not claim cancellation of the contract, reduction of the price, or compensation for damages due to the fact that the seller has not immediately dispatched the notice to the seller."

arrow