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(영문) 수원지방법원 2020.08.19 2019가단549841
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 76,627,00 and the interest rate of KRW 12% per annum from December 3, 2019 to the date of complete payment.

Reasons

1. The cause of the instant claim in determining the cause of the claim can be acknowledged by adding together all the arguments to the following facts: “The cause of the instant claim” as stated in Appendix A 1 to 3, Eul 1 to 7 (including additional numbers), and facts without dispute.

Therefore, the defendant is obligated to pay to the plaintiff the amount of KRW 76,627,00 (the amount of KRW 156,90,000 for the advance payment - the amount of KRW 85,144,00 for the delivery of KRW 85,14,00 for the delivery of KRW 4,000 for the delivery of KRW 4,061,00 for the delivery of KRW 810 for the delivery of KRW 15,00 for the delivery of KRW 8,00 for the delivery of KRW 15,14,00 for the delivery of the advance payment and damages for delay from December 3, 2019 to the date of full payment for the defendant.

2. Determination on the Defendant’s assertion

A. As to this, the Defendant asserted that, in order to supply the Plaintiff with the early winding volume from April 30, 2013 to May 10, 2013 under the contract, the Defendant supplied the Defendant with the golding volume, “C, a business entity designated by the Plaintiff, as a business entity that supplies the golding volume, delayed the supply of the Defendant’s goods for about two months due to the delay in the supply of the golding volume, and supplied the Defendant from June 3, 2013 to October 4, 2013. After that, the Plaintiff supplied the first winding volume in lieu of the first winding volume, the Defendant supplied the first winding volume around November 19, 2013 to the Plaintiff, but the remaining quantity was not received by the Plaintiff, and thus, the Plaintiff’s claim for the cancellation of the contract and the delay of the payment of the money due to delay on the ground that the Plaintiff did not receive the payment of the price.

On May 31, 2014, the defendant confirmed on May 31, 2014 that the debt remaining after the failure to supply goods to the plaintiff is 85 million won, and that tin-type 16,500 won per unit, total of 45,375,00 won (including value added tax) and wind.

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