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(영문) 부산지방법원 서부지원 2018.11.28 2018가단2590
물품잔대금
Text

1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 15% per annum from March 29, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On October 31, 2017, the Plaintiff agreed with the Defendant to sell the gold punishment of KRW 55,000,000 (hereinafter “instant gold punishment”) to the Defendant and a large-scale small and medium-sized sacrifine 1 punishment (hereinafter “instant gold punishment”) (hereinafter “instant agreement”).

B. The main contents of the instant agreement are as follows.

(1) 20,000 won shall be paid simultaneously with the arrival of a punishment.

(2) If there is any problem in gold punishment, the gold repair shall be completed completely.

(3) To connect samples with customers after conducting sampling works.

At the time of completion of the test run, the test run shall be withdrawn immediately.

(4) The gold remaining 3.5 million won shall be settled at the same time after payment, 50 percent of the remainder, excluding the material cost and the cost for withdrawal and processing at the unit price of a box, at the same time.

C. On November 1, 2017, the Plaintiff supplied the instant gold punishment to the Defendant. The Defendant paid to the Plaintiff KRW 300,000 on October 31, 2017, KRW 500,000,000 on November 1, 2017, and KRW 20,000,000 on November 2, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4-1, 2-2, the purport of the whole pleadings

2. Determination of the parties' arguments

A. The plaintiff asserts that the defendant is obligated to pay the remaining price of delivered goods to the plaintiff 3.5 million won and damages for delay, since he supplied the gold form to the defendant in accordance with the agreement of this case.

On October 31, 2017, the Defendant made a verbal agreement with the Defendant to supply the gold paper of this case in KRW 4,50 million. The Plaintiff asserted to the effect that the Plaintiff could not respond to the Plaintiff’s request on the grounds that, although the Plaintiff agreed to fully repair the gold paper of this case when there was any defect in the gold paper of this case, it could not be properly destroyed by using the gold paper of this case because it did not completely repair the defect in the gold paper of this case, i.e., e., singing and processing, damage to the window-sing, and cooling water.

B. The amount of the remaining price of supply to be paid by the defendant (1) is recognized.

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