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Reasons
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(영문) 수원지방법원여주지원 2019.10.02 2019가단53629
매매대금
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1. The Defendant: (a) KRW 31,59,955 for the Plaintiff and KRW 6% per annum from January 24, 2019 to April 12, 2019; and (b) for the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who is engaged in a punishment business, etc. under the trade name of C, and the Defendant is a person who conducts a punishment business, etc. under the trade name of D.

B. From October 18, 2018, the Plaintiff supplied timber to the Defendant from time to time.

The defendant, while there are defects in timber supplied by the plaintiff to E in charge of transporting the plaintiff's timber to the defendant's place of business, requested the plaintiff to deliver the above paragraph to the plaintiff. The defendant delivered the above paragraph to the plaintiff around that time.

C. On January 11, 2019, the Plaintiff consulted on the Defendant’s unit price of timber at the Defendant’s office. On January 15, 2019, the Defendant prepared a certificate of supply of timber, based on the above consultation, and issued it to the Plaintiff.

The Plaintiff supplied timber to the Defendant by January 23, 2019.

From October 18, 2018 to January 23, 2019, the Plaintiff supplied timber equivalent to KRW 114,861,495 in total. The Defendant paid a total of KRW 83,264,50 (including transportation expenses) to the Plaintiff each time he/she is supplied with timber.

[Grounds for Recognition] A without dispute, Gap evidence Nos. 1-8, Eul evidence Nos. 1-3 (including each number), the purport of the whole pleadings

2. The parties' assertion

A. On January 11, 2019, the Plaintiff consulted with the Defendant on the unit price of timber, taking into account the defects of timber alleged by the Defendant.

According to the above consultation, the total amount of timber that the plaintiff supplied to the defendant is KRW 114,861,495, and the defendant paid KRW 83,264,50 to the plaintiff.

Therefore, the defendant is liable to pay the remainder to the plaintiff 31,596,95 won and damages for delay.

B. The Defendant consulted with the Plaintiff on January 11, 2019, but there was no agreement on the reduction of the defective part at that time.

The timber supplied to the defendant by the plaintiff is defective and 20% of the price.

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