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(영문) 대구지방법원 2018.12.19 2018나311454
물품대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that produces and sells the hot-water boiler for stebry, and the Defendant is an individual who runs the business of selling electric ste, etc. with the trade name of “E”, etc.

B. From December 5, 2013 to January 13, 2016, the Plaintiff sold hot boilers, etc. to the Defendant, and on January 13, 2016, the balance of the goods price that was not received from the Defendant as of January 13, 2016 is KRW 28,744,50.

[Ground of recognition] Facts without dispute, Gap 1 through 12 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 28,744,50 of the goods price and the damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from January 14, 2016, which is the date following the date of the last supply of the goods, until January 8, 2018, which is obviously a delivery date of the application for modification of the purport of the claim and the cause of the claim in this case, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment.

B. The Defendant’s assertion 1) The Defendant’s report on the transaction by the period (Evidence A2, hereinafter “the instant transaction details”) submitted as evidence of the Plaintiff’s assertion that the goods were supplied to the Defendant.

Of the entries, the following points are asserted that there is no supply of goods equivalent to KRW 18,240,00 as listed below. On October 21, 2014, 200 56,360,360,000 2 C hot-water boiler 60,000 48,880,000 2,880,000 3 C hot-water boiler 60,60,000 60,000 60,000 40,402,000 40,000,000 40,000 60,00 60,00 60,00 60,004 Cdried-water 60,00 60,000 68,008,008 8,008,008 36,01,205 36,2014

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