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Reasons
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(영문) 의정부지방법원 2018.02.08 2016가단20299
물품대금
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1. The Defendant shall pay to the Plaintiff KRW 34,579,670 and the interest rate of KRW 15% per annum from August 17, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in clothing textile manufacturing business, fiber processing business, and wholesale and retail business, and the Defendant is a person engaged in the manufacture, wholesale and retail business, and trade business of the raw body with the trade name of “C”.

B. The Plaintiff supplied the Defendant KRW 261,130,672 in total up to March 31, 2016 (i.e., KRW 158,26,702 from January 2015 to December 2015 (i.e., KRW 29,967,300 on January 31, 2016) KRW 50,719,680 on February 29, 2016; KRW 22,176,990 on March 22, 2016; KRW 301,60 on March 31, 2016; KRW 225,645,353 on April 15, 2016; KRW 106,00 on May 16, 2015; KRW 2010 on May 16, 2015 (i.e., KRW 200,000 on May 28, 2016,2015.

C. In addition, the Plaintiff and the Defendant agreed to cancel the sales contract for the original unit equivalent to KRW 896,500 among the original unit supplied by the Plaintiff. Accordingly, the Defendant returned the original unit equivalent to KRW 896,50 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, Gap evidence 3, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the original amount payable to the plaintiff (=261,130,672 won-225,645,353 won-9,149 won-896,500 won) and damages for delay, barring special circumstances.

3. Judgment on the defense

A. The summary of the defense 1) The Defendant produced the clothing as the source supplied by the Plaintiff and supplied it to the trading company, but due to the defect of the headquarters, the Defendant suffered damages from all the above goods supplied by the trading company as above. The amount of damages is KRW 23,700,000, 15,840,000, and 44,000,000, in total, and KRW 83,540,000,000. 2) The Defendant has a claim for damages equivalent to KRW 83,540,000, in total, as above, to the Plaintiff.

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