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(영문) 수원지방법원안양지원 2019.11.22 2019가단109412
물품대금
Text

1. The Defendant’s KRW 68,219,257 as well as the Plaintiff’s KRW 5% per annum from March 17, 2018 to June 14, 2019.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 through 12 as to the cause of the claim, the bankruptcy debtor A corporation (hereinafter “bankruptcy debtor corporation”) may recognize the fact that the supply of goods equivalent to a total of KRW 130,801,411 to the Defendant from April 30, 2017 to December 21, 2017, and the payment of KRW 62,582,154 to the amount of the goods the price of which has not been paid is 68,219,257, and the Plaintiff notified the Defendant of the payment of the outstanding amount to the Defendant by March 16, 2018.

Therefore, the Defendant is obligated to pay to the Plaintiff the outstanding amount of KRW 68,219,257 as well as damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from March 17, 2018 to June 14, 2019, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc., from the next day to the day of full payment.

2. The defendant's argument as to the defendant's assertion that there was a defect equivalent to KRW 23,364,092 in the goods delivered by the bankrupt debtor, and that due to this, the defendant's sales on the defendant's business partners have decreased by more than 90%, thereby causing damage equivalent to KRW 4,855,165. Thus, the defendant's claim that the deduction of the above amount of damages and the amount of goods to be paid to the plaintiff

In this regard, there was a defect as alleged by the defendant in the goods supplied by the bankrupt debtor.

Since there is no evidence to acknowledge that the defendant's sales have decreased or that the defendant's sales have decreased, the defendant's above assertion is rejected.

3. If so, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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