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(영문) 대구지방법원 서부지원 2018.01.25 2017가단8597
물품대금
Text

1. The Defendant’s KRW 37,851,00 for the Plaintiff and 6% per annum from August 22, 2017 to January 25, 2018.

Reasons

The plaintiff is also recognized that "C" is the trade name of "D," and the defendant is engaged in the manufacture and sales business of each textile source with "D," and that the plaintiff sold a total of KRW 45,559,80 (including value-added tax) to the defendant on May 2017, there is no dispute between the parties, and that the plaintiff must deduct KRW 7,708,80 from the price of the above textile source (the price of the textile source lost in 2016). Thus, the defendant is also obligated to pay damages for delay calculated at the rate of 15% per annum from August 22, 2017 following the delivery of a copy of the complaint to the plaintiff from August 25, 2017 to January 25, 2018, which is the date the decision is rendered.

Around December 2013, the Defendant supplied the original group supplied by the Plaintiff to the Matecco World Company, and due to the defect of the original group, the Defendant suffered damages from compensating for KRW 45,768,592 to the Macco Ltd.

Therefore, the plaintiff is liable to compensate the defendant for the damage, which is set off against the price of the above textile yarn.

Although the statement and image of the evidence Nos. 4 and 5 are alleged to be ", the defendant's above assertion cannot be acknowledged, and there is no other evidence to acknowledge it, the defendant's assertion is without merit.

Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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