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(영문) 대구지방법원서부지원 2017.10.31 2016가단16911
물품대금
Text

1. The Defendant’s KRW 26,341,810 as well as 5% per annum from November 2, 2014 to September 9, 2016 to the Plaintiff.

Reasons

1. The Plaintiff’s determination as to the cause of the claim is a company that engages in steel wholesale retail business. The Defendant is a company that engages in steel products construction business, and the Plaintiff has supplied steel products to the Defendant on August 25, 2014, which is equivalent to KRW 50,000 on August 21, 2014, and KRW 26,341,810 (including value-added tax) equivalent to the total amount of KRW 50,000 on November 5, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including branch numbers), testimony by witnesses C, and the purport of the whole pleadings. Accordingly, the defendant is obligated to pay to the plaintiff the amount of 26,341,810 won for the goods and the amount of the goods delivered to the plaintiff after November 2, 2014 to September 9, 2016, which is the delivery date of the original copy of the payment order of this case, 5% per annum for the plaintiff from the next day to the delivery date of the original copy of the payment order of this case, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

2. Judgment on the defendant's assertion

A. The defendant's assertion (1) since the defendant ordered the plaintiff's actual owner C, the party to a steel transaction is not the plaintiff but C.

Since the defendant has a claim against C for the purchase of goods of KRW 33,00,000, the defendant set off the claim against C for the purchase of goods of this case.

(2) The Defendant ordered five tons of steel materials, but C supplied 20 tons of steel materials in excess of this.

Although the defendant refused to accept a large volume of goods, but C returns the goods, the goods distribution cost incurred and the defendant stored them as they are. Thus, the goods that the contract has been concluded are only five tons.

(3) There are defects such as melting in steel products supplied by C.

For the same reason, the defendant cannot pay the price for goods to the plaintiff.

B. (1) According to the statements in the evidence Nos. 1 and 2 of Eul, and the witness C’s testimony, C assumed office as the representative director of D on February 13, 2007, and C acquired the company E and named the name of F.

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