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(영문) 인천지방법원 2015.10.27 2015나4870
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. (i) The Defendant requested the Plaintiff company for the manufacture, etc. of sports equipment, from April 2014 to May 201, and the Plaintiff company for the purpose of metal milling business, etc., to set the body of the fitness, etc.

Shebly, the plaintiff on April 2, 2014 to the defendant, as set forth in the Chyst (54,400 won (including value-added tax; hereinafter the same shall apply)

(i) for the same year,

4. 10. Health appliances sets (the length price of 550,000 won), the same year;

4. 12. Health appliances 8-10 fee (the length price of KRW 880,00), and the same year;

4. 18. Health appliances 11. Gabs 11. Gabs 50,000 won; and

4. Health 28. 28. Gabrates (the length price of KRW 1,650,000), the same year;

4. 30. Health appliances 8 fee (70,000 won) ; and

5. 2. Health appliances 6 knife and 6 knife and 990,000 won; and

7. Health appliances 1 fee (10,000 won) for the same year;

5. 16. Health appliances (the price of KRW 220,000) were sealed and supplied.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 8, 9, Eul evidence No. 2 (including branch numbers, if any) and the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 6,274,400 and damages for delay at the rate of 20% per annum from July 10, 2014 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case.

I would like to say.

2. Judgment on the defendant's assertion

A. The summary of the argument is that (i) the plaintiff arbitrarily set up a unit price exceeding twice the unit price supplied by the defendant from another company without consultation with the defendant, and thus, it is not possible to respond to the claim, and since there is a defect in the body of the plaintiff, the corresponding price should be deducted. (ii) Since the defendant provided a paint equivalent to 559,900 won to be used in the body of the plaintiff, the defendant provided the above price. (iii) The defendant provided the above price.

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