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(영문) 의정부지방법원 2017.05.25 2016나10903
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. Basic facts

A. The Plaintiff is a company engaged in wholesale and retail, brokerage, and delivery business, such as negligence, and the Defendant operated a restaurant in the name of “B” and “C”.

B. From July 2010 to July 2013, the Plaintiff supplied the Defendant with goods, such as 30,181,600 won, among which the Defendant paid KRW 20,596,500 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 4-1 to 5, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 9,585,100 (=30,181,600 - 20,596,500) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from July 13, 2016 to the day of complete payment, which is the day following the delivery of a certified copy of the decision on performance recommendation of this case by the Defendant.

As to this, the defendant argued to the effect that the price should be reduced because there was a defect in the goods, such as the collection of goods, although the defendant was supplied with the goods by the plaintiff. However, the evidence submitted by the defendant alone is insufficient to find that there is a defect in the goods, and there is no other evidence to find this differently, so the above argument by the defendant

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed.

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