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(영문) 서울중앙지방법원 2016.03.25 2015가단5204222
물품대금
Text

1. The Defendant’s KRW 24,739,686 as well as the Plaintiff’s KRW 6% per annum from January 27, 2015 to July 10, 2015, and on July 11, 2015.

Reasons

1. The Plaintiff supplied building stones to the Defendant on three occasions on January 14, 2014; the price for the building stones was KRW 6,387,134; KRW 25,507,440 on January 23, 2014; KRW 135,382,852 on January 29, 2014; and the Defendant’s delayed payment of the building stones was due to the Defendant’s delayed payment of the building stones; and the amount of storage fees was due to the Defendant’s delayed payment of the building stones; and there was no dispute between the parties.

Therefore, the remainder of KRW 24,739,686, which remains after deducting KRW 143,480,00, the Plaintiff paid from January 10, 2014 to January 26, 2015, from the aggregate amount of KRW 168,219,686, from the remainder of KRW 24,739,686.

2. Judgment on the defendant's defense

A. The summary of the argument 1) The stone supplied from the plaintiff on the dispute with the Embre Development Co., Ltd. was supplied to Embre Development, and Embre Development reversed the contract on the ground of the defectiveness of stone. Accordingly, the defendant filed a lawsuit against Embre Development for the claim for the payment of goods, which was rendered a favorable judgment, and the decision of recommending settlement was finally affirmed in the lawsuit of objection raised by Embre Development Co., Ltd.

B. The gist of the claim 1) The Defendant, upon acquiring the Plaintiff’s stone, disbursed KRW 960,00 for transportation expenses on June 2014, and KRW 15,636,00 for storage expenses from June 2014 to June 15, 2014. The Defendant is obligated to pay only the remainder after deducting the amount. 2) The Defendant’s claim for transportation expenses and storage fees.

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