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(영문) 인천지방법원 2019.11.07 2019가단239451
물품대금
Text

1. The defendant shall pay 30,749,200 won to the plaintiff and 6% per annum from June 12, 2019 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 4 and Eul evidence Nos. 1 and the purport of the entire pleadings, the plaintiff continued to provide the defendant with the pipe steel products from May 21, 2018 to June 6, 2018, and the defendant's failure to pay 33,749,200 won was paid, and the defendant paid 3 million won as part of the amount of the goods unpaid to the plaintiff on June 14, 2019 while the lawsuit in this case is pending.

According to the above facts, the defendant is obligated to pay to the plaintiff 30,749,200 won of the unpaid goods and damages for delay calculated at the rate of 6% per annum, which is the statutory interest rate under the Commercial Act, from June 12, 2019 to the date of full payment, as the plaintiff seeks.

2. The defendant's assertion and judgment

A. Since multiple defects have occurred in the pipe steel supplied by the Plaintiff’s summary of the Defendant’s assertion, the Plaintiff and the Defendant agreed to reduce the remaining goods price to KRW 10 million as compensation for damages, the amount equivalent to the above amount shall be deducted from the price of goods to be paid by the Defendant to the Plaintiff.

B. There was a defect in the pipe steel supplied by the Plaintiff to the Defendant on the sole basis of the statement in subparagraph 2 of the judgment No. 2

It is insufficient to recognize that the Plaintiff agreed to reduce the amount of KRW 10 million from the price of goods to be repaid by the Defendant as a compensation for damages due to defects, and there is no other evidence to acknowledge the above assertion, and the Defendant’s assertion is without merit.

3. The plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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