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(영문) 울산지방법원 2020.05.19 2019가단13147
물품대금
Text

1. The defendant shall pay 80,619,000 won to the plaintiff and 12% per annum from October 29, 2019 to the day of complete payment.

Reasons

1. According to the evidence evidence Nos. 1 and 3 as to the cause of the claim, the Plaintiff is obligated to pay to the Plaintiff the amount of KRW 80,619,00 (including additional tax) equivalent to the Defendant’s 80,619,000 (including additional tax) from January 2019 to March 2 of the same year. As the Defendant seeks from the date of the supply of the unpaid goods to the Plaintiff, 80,619,000 won and damages for delay calculated at the rate of 12% per annum from October 29, 2019 to the date of full payment.

2. The defendant's assertion that the defendant cannot pay the price because of the defect in the panel supplied by the plaintiff, but the submitted evidence alone lacks to admit the defendant's argument and there is no other evidence to acknowledge it, so the defendant's argument is without merit without further review.

(q) In addition, since the transaction of this case constitutes a commercial activity, if there is any defect that can not be immediately discovered pursuant to Article 69(1) of the Commercial Act, the defendant cannot seek a warranty against defects since there is no evidence to deem that the defendant notified such defect within six months after the receipt of the goods. Thus, the plaintiff's claim of this case is justified.

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