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(영문) 인천지방법원 2015.11.11 2015가단220978
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 184,296,70 and the interest rate of KRW 15% per annum from July 14, 2015 to the day of full payment.

Reasons

1. Determination as to the cause of the Plaintiff’s claim

A. In full view of the purport of the arguments in Gap evidence Nos. 1 through 9 (including paper numbers), the plaintiff engaged in the business of manufacturing and importing clothes with the trade name of "C" from 2009 to November 2013, the plaintiff supplied goods to the defendant who runs the business of selling clothing with the trade name of "D" and around that time the unpaid goods price was KRW 184,591,90. The plaintiff and the defendant agreed to deduct the value of the goods returned and defective goods from the price of the goods above and agreed to pay them in installments. However, the defendant did not pay only KRW 24,50,000,000 among the price of the goods above until July 2014, the plaintiff received KRW 46,259,200,000 from the defendant and supplied them to the defendant with the remaining KRW 184,591,90,000, and provided them with the remainder of KRW 3050,508,700,000.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 184,296,700 (=46,259,200 won) and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 14, 2015 to the date of full payment, as the Plaintiff seeks.

2. As to the defendant's argument, the defendant alleged to the effect that the defendant has been promised to postpone the due date for the payment of the goods unpaid by the plaintiff, and that the plaintiff suffered enormous damage due to the plaintiff's unilateral suspension of transaction, so it cannot respond to the plaintiff's claim. However, it is difficult to recognize the defendant's argument only by the statement of the evidence Nos. 1 to 7, and

3. Conclusion.

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