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(영문) 대구지방법원서부지원 2020.12.10 2020가단2681
물품대금
Text

The defendant shall calculate 43,569,720 won to the plaintiff and 12% per annum from March 27, 2020 to the day of full payment.

Reasons

1. Determination on the cause of the claim

A. In the course of operating a manufacturing firm of the trade name called D (TTF head of the Daegu E-Sgu building), the Plaintiff supplied the Defendant a total of KRW 58,569,720 (i.e., the original supply price of KRW 57,689,720 on November 30, 2019) equivalent to KRW 880,00 in the original supply price of KRW 57,689,720 on January 30, 2020).

The Plaintiff received 15,00,000 won out of the above original supply price (=10,000,000 won on January 23, 2020) from the Defendant.

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

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 43,569,720 won in balance (=58,569,720 won - 15,000,000 won) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from March 27, 2020 to the day of full payment, which is the day following the service date of the original copy of the payment order in this case.

2. The defendant's assertion on the defendant's assertion is that since the plaintiff delayed the payment period and supplied the original unit to the defendant, and the damage equivalent to KRW 40,000,00 has occurred, it shall be offset against the above price balance.

On the other hand, the defendant's assertion that "the plaintiff delayed the payment period, supplied the original unit, and caused damage equivalent to 40,000,000 won to the defendant," like the defendant's assertion, there is no evidence to acknowledge that "the defendant had been absent on the date for pleading)" (the defendant's assertion has no merit.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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