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(영문) 창원지방법원 2016.12.13 2015가단20325
물품대금
Text

1. The Defendant’s KRW 21,252,80 for the Plaintiff and KRW 5% per annum from November 21, 2015 to December 13, 2016, respectively, shall be the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, who operated B, supplied each of the cable assembly units equivalent to KRW 45,015,30 on May 16, 2014 and the cable assembly units equivalent to KRW 23,237,500 on June 19, 2014 to the Defendant (hereinafter “instant goods”), and the Defendant paid each of the above goods (hereinafter “instant goods”) to the Plaintiff as the price for each of the aforementioned goods (hereinafter “instant goods”).

B. On January 7, 2015, the Plaintiff sent to the Defendant a content-certified mail indicating that the amount of the unpaid goods was KRW 28,252,80 (=68,252,800 (= KRW 45,015,300) - KRW 40,000), and the Defendant paid KRW 7,000,000 on May 19, 2015, on January 27, 2015, the Plaintiff sent a content-certified mail stating that “The Defendant promised to pay the unpaid goods by April 30, 2015, with the thickness of the payment date and the payment was made by April 30, 2015.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. 1) In light of the facts acknowledged before the determination as to the cause of the claim, the Defendant shall pay the Plaintiff the remainder of KRW 21,252,80 (==68,252,800 - 47,000 - 47,000,000), excluding the sum of KRW 47,000 paid by the Plaintiff from the Plaintiff, in total of KRW 68,252,80,000 (=68,252,80 - 47,000) and damages for delay. 2) The Defendant’s assertion as to the Defendant’s defense, 132 days in the case of the cable assembly that the Plaintiff has frequently maintained, and 159 days in the case of the cable assembly that the Plaintiff supplies the goods of this case without delay. The compensation for delay is the aggregate of KRW 14,703,822,00, the unpaid goods price is the remainder of KRW 21,252,800.

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