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(영문) 의정부지방법원 2019.02.14 2018나4278
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 6, the Plaintiff’s provision of goods to the Defendant under a commodity supply contract concluded with the Defendant from May 28, 2013, and the Defendant did not pay KRW 17,066,240 out of the price for the goods supplied by the Plaintiff as of July 6, 2017, respectively.

According to the above facts, the defendant is obligated to pay 17,066,240 won and damages for delay under the above contract for supply of goods to the plaintiff, except in extenuating circumstances.

2. The plaintiff and the defendant alleged that the plaintiff and the defendant agreed to suspend the payment of the above KRW 17,066,240 until the plaintiff resolved the issue of return and storage service on the goods supplied by the plaintiff during the period of early March 2018 and the defendant decided to suspend the payment of the above KRW 17,06,240 until the amount to be paid by the defendant is determined through the settlement procedure. However, each of the items of evidence Nos. 1 and 2 is insufficient to acknowledge the existence of the above agreement as alleged by the defendant, and there is no other evidence to acknowledge it.

The defendant's argument is without merit.

3. If so, the defendant is obligated to pay to the plaintiff the above KRW 17,066,240 as well as damages for delay calculated at the rate of 15% per annum from January 30, 2018 to the date following the delivery of a copy of the complaint of this case. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.

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