(영문) 서울중앙지방법원 2020.01.22 2018가단26565

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(영문) 서울중앙지방법원 2020.01.22 2018가단26565

물품대금

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1. The Defendant’s KRW 28,341,00 for the Plaintiff and 6% per annum from May 12, 2018 to January 22, 2020 for the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of manufacturing the assembly-type panel and wholesale and retail business, and the Defendant is a company established for the purpose of wholesale and retail business of construction materials.

B. From July 2017 to January 31, 2018, the Plaintiff supplied the Defendant with the U.S. board. As of April 2018, the unpaid goods amounted to KRW 50,000,000.

C. On September 30, 2019, the Defendant paid KRW 15,000,00 to the Plaintiff.

【Ground of recognition】 The fact that there is no dispute, Gap's evidence 1, Eul's evidence 8, the purport of the whole pleading, and the purport of whole pleading

2. According to the above recognition of the Plaintiff’s cause of claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 35,000,000 ( KRW 50,000,000 - KRW 15,000,000) and damages for delay, barring special circumstances.

2. Judgment on the defendant's defense

A. The defendant's summary of the defendant's assertion shows that the defendant agreed to reduce the amount of 35,000,000 won out of the unpaid amount in lieu of the repair of the defect, because there is a defect in the team of Maratan supplied by the plaintiff.

B. Considering that there is no dispute between the parties to the facts of recognition, or considering the overall purport of the arguments in the statement in the statement in the evidence Nos. 5 and 6 (including a serial number, if any), the defendant requested from the non-party D Co., Ltd. (hereinafter referred to as the "non-party D Co., Ltd.") to supply the plaintiff a product by requesting the production, and the plaintiff supplied the product to the defendant. The plaintiff has a color to some of the above board. According to the appraisal commission of the appraiser F and the fact-finding inquiry reply of the court, the remuneration of the interior wall in the above color is required to be 6,659,000 won. Thus, the defendant's defense is justified within the above recognition scope.

The defendant's expenses necessary for the repair of defects exceed 35,00,000 won, and the plaintiff agreed to reduce them from the price of goods.

유사 판례

-서울중앙지방법원 2020.01.22 2018가단26565

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-수원지방법원안산지원 2019.08.23 2018가단63870

-대구지방법원 2016.10.11 2015가단48754

-수원지방법원 2017.03.08 2015가단36200