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(영문) 인천지방법원부천지원 2015.02.13 2014가단44873
물품대금
Text

1. The Defendant: (a) KRW 25,437,200 for the Plaintiff and KRW 6% per annum from October 1, 2013 to November 20, 2014; and (b) the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to the cause of the claim Gap's evidence Nos. 1 through 3, the plaintiff company operating the manufacture and distribution business of medical devices from November 201 to September 13, 2012 can be acknowledged that the plaintiff supplied goods, such as sets, to the defendant from September 13, 2012, and did not receive KRW 25,437,200 for the goods. According to the above facts of recognition, the defendant is liable to pay the plaintiff the unpaid goods price of KRW 25,437,200 and delay damages, barring any special circumstances.

2. The defendant's argument regarding the defendant's assertion is that since the plaintiff, while entering into an exclusive sales contract with the plaintiff, installed goods to facilitate the sale of the defendant's agency, and the goods agreed to be recovered and settled as the sales contract is terminated, the plaintiff can claim only for the remaining sales proceeds after recovering and settling inventory goods and the goods installed by the agency. Thus, the defendant's argument is without merit, since there is no evidence to acknowledge this.

3. If so, the defendant is obligated to pay to the plaintiff 25,437,200 won for goods and damages for delay calculated at the rate of 6% per annum under the Commercial Act from October 1, 2013 to November 20, 2014, which is the day when the copy of the complaint of this case was served on the defendant from October 1, 2013 to the day when the copy of the complaint of this case was served on the defendant, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the plaintiff's claim against the defendant is justified, and it is so decided as per Disposition

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