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(영문) 부산지방법원 2015.12.15 2015가단18646
매매대금
Text

1. The Defendant shall pay to the Plaintiff KRW 20,869,00 and the interest rate of KRW 15% per annum from April 21, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who engages in wholesale and retail business of construction materials, such as T and T, with the trade name of “C,” and the Defendant is a person who engages in wholesale and retail business of building materials under the trade name of “D.”

B. From August 2014 to September 19, 2014, the Plaintiff supplied the Defendant with typ, etc.

C. The price for goods that the Plaintiff did not receive from the Defendant is KRW 20,869,00.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and 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 20,869,000 payable to the Plaintiff and delay damages calculated at the rate of 15% per annum from April 21, 2015 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

In regard to this, the defendant asserts that the defendant cannot pay the price of the above goods to the plaintiff because of the defect in the date of delivery by the plaintiff, etc., but it is not sufficient to recognize that there was a defect in the other days supplied by the plaintiff as stated in the evidence Nos. 1 through 5 (including the provisional number), and there is no other evidence to acknowledge this otherwise.

Therefore, the defendant's argument is without merit.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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