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(영문) 서울중앙지방법원 2015.04.09 2014가단86200
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 25,576,320 as well as 20% per annum from May 8, 2014 to the date of full payment.

Reasons

1. In light of the fact that there is no dispute over the cause of the claim, the entries in Gap evidence Nos. 1-5 (including each number), and the purport of the entire pleadings, it is recognized that the plaintiff entered into an original supply contract with the defendant and supplied the original unit to the defendant from September 2013. The defendant was supplied with the original unit from the plaintiff on October 17, 248,00 won, and the defendant did not pay the original unit of KRW 3,132,360 on November 2013, 2013, while he was supplied with the original unit from the plaintiff.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 25,576,320 of the unpaid goods and damages for delay calculated at the rate of 20% per annum from May 8, 2014 (the day following the delivery date of the complaint) to the day of full payment.

2. As to the Defendant’s assertion, the Defendant asserts that the amount of damages equivalent to KRW 21,489,075 should be offset against the said damages claim, since the Plaintiff supplied defective goods to the Defendant.

However, there is no evidence to prove that there was a defect in the goods supplied by the plaintiff to the defendant, and that the damage was caused thereby.

Therefore, the defendant's above assertion is not accepted.

3. The plaintiff's claim for conclusion is justified and accepted.

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