(영문) 수원지방법원안산지원 2015.10.23 2014가단22093

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(영문) 수원지방법원안산지원 2015.10.23 2014가단22093

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 61,941,300 with full payment from May 30, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a corporation that runs the wholesale and retail business of machinery parts, the business of processing and manufacturing bed bes, and the Defendant is a person who runs gold-type and plastic manufacturing business, etc. with the trade name of “B”.

B. From May 2012 to March 5, 2014, the Plaintiff supplied goods, such as malds, to the Defendant from May 2012 to March 5, 2014. The price for the goods that the Defendant did not pay to the Plaintiff by the last transaction is KRW 61,941,300 (including value-added tax) in total.

(A) The defendant asserts that the plaintiff claimed an excessive amount of KRW 176,00,00, out of the price of the goods related to the first day of pleading in 2013. However, the defendant recognized that the defendant's amount of the goods unpaid at the first day of pleading in this case is KRW 61,941,30,00, and according to the evidence presented at the ground of the following recognition, the defendant's total amount of the goods unpaid at KRW 61,941,30,00, can be recognized. Thus, this part of the defendant's argument cannot be accepted).

The Defendant was supplied by the Plaintiff and produced gold punishment through the processing of the goods, and then supplied it to New Telecommunications Industry Co., Ltd. (hereinafter “New Telecommunications Industry”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 5 through 8 (including each number), the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 61,941,300 payable to the Plaintiff as well as damages for delay at the rate of 20% per annum from May 30, 2014 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order, as sought by the Plaintiff.

B. As to this, the Defendant shall pay KRW 25,00,000 between the Plaintiff and the Plaintiff on February 18, 2014.

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유사 판례

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