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(영문) 수원지방법원여주지원 2017.08.10 2016가단10430
물품대금
Text

1. The Defendant’s KRW 23,494,00 for the Plaintiff and 5% per annum from December 24, 2016 to August 10, 2017.

Reasons

1. Judgment on the parties' arguments

A. 1) In light of the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 through 3, the Plaintiff received orders from the Defendant to supply a packing room (hereinafter referred to as “instant goods”) and received orders from the Defendant to request the supply of the said room, and KRW 9,680,000 on August 31, 2016, and KRW 7,689,000 on September 30, 2016, and KRW 32,494,000 on the aggregate of KRW 32,575,00 on December 27, 2016 (hereinafter referred to as “instant goods”).

(2) According to the above facts, the Defendant is obliged to pay the Plaintiff the amount of KRW 32,494,000 for the goods and damages for delay.

B. As to the Defendant’s argument regarding the determination of the unit price of the instant goods, the Defendant did not determine the supply price of the instant goods at the beginning with the Plaintiff, and agreed to set the supply price at a fixed rate between September and October 2016 with the reduction of the unit price of the said goods, and other gambling suppliers provided the goods at a fixed rate from September 2016 to October, 2016, but did not pay the price of the goods because they did not lower the unit price of the goods despite the Plaintiff’s supply of the goods at the above time. However, there is no evidence to acknowledge that the agreement was made as to the unit price of the instant goods as alleged by the Defendant, and thus, the Defendant’s assertion is difficult to accept. 2) The Defendant’s defense of payment did not dispute between the Plaintiff and the Plaintiff on September 21, 2016 with the payment of the price of the said goods and KRW 9 million with the total of KRW 9 million between the parties.

C. Accordingly, the Defendant’s remainder of the goods amounting to KRW 23,494,00 (=32,494,000 - 9,000,000) and the following day after the final supply date, which is the day following the delivery date of the copy of the instant complaint sought by the Plaintiff.

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