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(영문) 인천지방법원 2017.01.10 2016나55189
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. There is no dispute between the parties to the determination on the cause of the claim, or comprehensively taking account of the overall purport of the statements and arguments set forth in subparagraphs 1 through 6 above, it is recognized that: (a) the rehabilitation company is a company engaged in manufacturing and wholesale business of malicious information and communications devices; (b) the Plaintiff is a manager; (c) the Defendant purchased more than 10,00 mobile phone case from the Defendant on June 26, 2015; and (d) the Defendant purchased 10,000 mobile phone case from the Defendant on August 31, 2015 and delivered the entire amount of the above case to the Defendant on June 26, 2015; and (e) the remainder of the price of goods unpaid as of August 31, 2015 is the total of 13,587,00

According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff 13,587,00 won for unpaid goods and damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from September 1, 2015 to February 3, 2016, and 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment, as the plaintiff seeks.

2. Judgment on the defendant's assertion

A. The Defendant asserted that, around April 2015, he received 22,00 film 10,00 among the parts of mobile phone case from the Non-Party on an order from the Non-Party on a mobile phone, but thereafter, he received only 10,00 among them without any special reasons and refused to receive the remainder of 12,00 won, and that the remainder of 15,585,475 won is offset against the Plaintiff’s claim on an equal amount with the Plaintiff’s automatic bond. However, the evidence submitted by the Defendant alone is insufficient to acknowledge the Defendant’s assertion, and there is no other evidence to acknowledge this otherwise, the Defendant’s above assertion is without merit without any need to further examine.

B. In addition, the defendant is unable to sell the mobile phone case 10,000 among the 10,000 mobile phone cases supplied by Skone Star due to defects in the product and other defects. 45,000.

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