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(영문) 수원지방법원 안양지원 2018.12.20 2018가단6035
물품대금
Text

1. The Defendant’s KRW 25,459,931 as well as the Plaintiff’s KRW 6% per annum from July 10, 2018 to December 20, 2018, and the following.

Reasons

1. From April 28, 2017 to November 30, 2017, the Plaintiff paid KRW 1,850,000 to the Plaintiff on the following grounds: (a) the Plaintiff supplied the Defendant with goods, such as a carmerr duct, electric cable hold a claim for the payment of KRW 31,178,131 (hereinafter “instant goods payment claim”); (b) on the other hand, the Defendant supplied the Plaintiff with carmers, sirens, etc. on July 2017, provided the Plaintiff with a claim of KRW 3,868,200; and (c) on June 29, 2010, the Plaintiff paid KRW 1,850,000 to the Plaintiff as a carmer development costs; (d) the Plaintiff did not submit the result, thereby holding a claim restitution of KRW 1,850,00,000 by cancelling the above carmer development agreement; and (e) the Defendant, as a whole, can be acknowledged as a dispute over the Plaintiff’s claim for restitution of the goods as a set-off.

Therefore, the Defendant is obligated to pay to the Plaintiff 25,459,931 won (=31,178,131 won-3,868,200 won-1,850,000 won) and damages for delay calculated at each rate of 15% per annum under the Commercial Act from July 10, 2018 to December 20, 2018, which is the date the copy of the instant complaint was served on the Defendant.

2. The plaintiff's claim of this case is partly accepted within the scope of the above recognition.

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