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(영문) 의정부지방법원고양지원 2020.09.09 2020가단5160
물품대금반환금
Text

The defendant shall pay 46,904,812 won to the plaintiff and 12% per annum from April 30, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. From January 31, 2014 to April 30, 2019, the Plaintiff supplied the Defendant with a total of KRW 116,034,062, and supplied the Defendant with a master master’s yarn equivalent to the amount of KRW 116,034,062.

B. From August 31, 2014 to November 30, 2018, the Defendant paid the Plaintiff totaling KRW 69,129,250 as the price for the goods.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 46,904,812 (=116,034,062 won-69,129,250), and damages for delay.

B. The Defendant’s assertion 1) The Defendant asserts to the effect that the price for the goods claimed by the Plaintiff should be deducted since there was a defect in the original specifications supplied by the Plaintiff. According to the description and image of evidence Nos. 1 through 3 (including the paper numbers) and video, it is acknowledged that the Defendant received a claim from the ordering office due to the original parts produced by the Defendant, but it is insufficient to deem that there was a defect in the performance of the original specifications supplied by the Defendant from the Plaintiff solely based on the above recognition, and there is no other evidence to prove that there is a defect in the original specifications supplied by the Plaintiff. Thus, the Defendant’s assertion is without merit. 2) Since the Defendant supplied the original specifications at a higher price than that of the Plaintiff, but did not know and performed the payment without knowledge, the Defendant’s judgment on the claim for the deduction should be deducted from the price for the goods claimed by the Plaintiff, which is the difference between the amount already paid and the due unit price. However, there is no evidence to support the Defendant’s assertion.

Therefore, the defendant's above assertion is without merit.

C. According to the theory of lawsuit, the defendant is from April 30, 2020 to the day of complete payment, which is the day following the delivery date of a copy of the complaint of this case, to the plaintiff as to the amount of KRW 46,904,812.

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