(영문) 수원지방법원 안양지원 2017.03.17 2016가합368

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Reasons

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자간(%)

(영문) 수원지방법원 안양지원 2017.03.17 2016가합368

물품대금

Text

1. The Defendant’s KRW 212,760,971 as well as the Plaintiff’s KRW 6% per annum from December 2, 2015 to March 17, 2017.

Reasons

1. Determination as to the cause of claim

A. From the end of 2011, the Plaintiff, a company engaged in the development, sale, etc. of electronic equipment, supplied vehicle goods, such as dynasium, etc. (hereinafter “instant vehicle goods”) manufactured by the Plaintiff to the Defendant, a company engaged in the wholesale and retail business, etc. of automobile-related goods. The Plaintiff, upon receiving an order from the Defendant, provided vehicle goods, offered a transaction statement, and requested the payment of goods, made a continuous transaction by the Defendant at the time, at that time. The Plaintiff’s price for the instant vehicle goods supplied to the Defendant from January 2013 to August 10, 2015 was 28,826,920 (the Defendant stated that the amount of the unpaid goods did not dispute on the grounds that the transaction statement submitted by the Plaintiff was 28,826,920) or that there was no dispute between the parties, or the entire number No. 1 through No. 96, No. 920 (the same shall apply).

B. According to the above facts of recognition, the defendant is obligated to pay 288,826,920 won for the unpaid goods and delay damages to the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's defense, etc.

A. The defendant's assertion 1) Adjustment of the price of goods due to the unit price reduction agreement 1) The plaintiff originally agreed to supply the goods of GI-9000 among the vehicle goods of this case to the defendant at KRW 130,000 per unit price, and the goods of GI-9000 per unit price 120,000 per unit price. However, the plaintiff and the defendant agreed to reduce the price of goods of GI-9000 and the goods of GI-9000 per unit price to KRW 85,00 per unit price per unit price. Accordingly, the defendant is liable to pay only the goods calculated as the unit price reduced to the plaintiff, so the defendant is obligated to pay only the total price of goods of KRW 87,750,00 per unit price to the defendant. [130,000 per unit price -85.5.

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