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(영문) 인천지방법원부천지원 2016.08.31 2015가단114342
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 17,30,730 as well as the annual interest rate of KRW 15% from November 7, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff supplied goods, etc. for the production of household to “B” operated by the Defendant from January 1, 2015 to March 2015.

B. As of July 8, 2015, the sum of the price for the goods that the Defendant did not pay to the Plaintiff is KRW 20,303,730, and the Defendant paid KRW 3,000,000 out of the price for the goods to the Plaintiff on November 6, 2015.

[Reasons for Recognition] Facts without dispute between the parties, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the facts established above, the Defendant is obligated to pay to the Plaintiff the price of KRW 17,303,730 as well as damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 7, 2015 to the date of full payment, which the Plaintiff seeks, after the Plaintiff supplied the goods to the Defendant, barring special circumstances.

B. As to this, the Defendant asserted that there was a damages liability equivalent to the above amount against the Defendant, and that there was a defense that the Defendant would offset the damages claim against the Defendant against the damages claim against the Plaintiff by the damages claim against the Plaintiff, since the Defendant had replaced or repaired the products executed by the Defendant due to the defect in the goods supplied by the Plaintiff.

However, there was a defect in the goods of this case only with the evidence submitted by the defendant.

The extent of the Defendant’s damage claim is certain, and even if the damage claim is acknowledged, it is insufficient to recognize whether the scope of the damage claim extends to the amount that the Plaintiff can claim in this case, and there is no evidence otherwise.

3. In conclusion, the plaintiff's claim is justified and acceptable.

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