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(영문) 수원지방법원 2014.11.27 2014가합8564
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 111,216,00 as well as 20% per annum from May 21, 2014 to the date of full payment.

Reasons

1. The Plaintiff is a person who runs steel wholesale and retail business in the name of “B”. On December 1, 201, the Plaintiff supplied steel scrap (hereinafter “instant goods”) to the Defendant on December 1, 201, but was paid KRW 116,089,600 among the price of KRW 290,224,000 on September 201, and was not paid the remainder, the Plaintiff settled the unpaid goods amount of KRW 142,426,000 on February 28, 2014. The overdue interest rate for the said amount (hereinafter “instant settlement agreement”) is 2% per month, or there is no dispute between the parties, or can be acknowledged as being paid damages for delay by the Defendant in full by taking account of the overall arguments purport of evidence evidence Nos. 1, 2, 5, 6,700.

2. Judgment on the defendant's assertion

A. As to the claim on the deduction of the price for the goods not delivered by the defendant among the goods of this case supplied by the plaintiff, since the above 5,1210,00 won should be deducted from the price for the goods of this case. Thus, the above 5,1210,00 won among the goods of this case supplied by the plaintiff is not delivered to the defendant, there is no dispute between the parties, and when considering the whole purport of arguments in the statement in Gap evidence No. 6, the plaintiff and the defendant as to the above 5,1210,00 won as of February 28, 2014 when the settlement agreement of this case was reached, the plaintiff and the defendant did not dispose of the non-delivery goods of this case by April 30, 2014, and adjust it from the unpaid price to the plaintiff, but if not arranged, the above 3,1210,000 won should be deducted from the price for the goods of this case, the defendant assessed the above 5,000,000 won,000 won.

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