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(영문) 서울동부지방법원 2016.10.25 2015가단46554
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 27,835,847 and the interest rate of KRW 15% per annum from May 11, 2016 to the date of full payment.

Reasons

1. From May 7, 2015 to January 16, 2016, the Plaintiff supplied the Defendant with goods equivalent to the aggregate of KRW 163,490,256, and received KRW 135,654,409 from the Defendant, the fact that the Plaintiff received KRW 135,654,409 from the Defendant does not conflict between the parties, or that the Plaintiff did not have any dispute between the parties, or that the Plaintiff received the full purport of the pleadings in each of the items of evidence A No. 1 through 5 (including the number of pages).

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of 27,835,847 won (i.e., 163,490,256 won - 135,654,409 won) 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 from May 11, 2016 to the date of full payment, as the plaintiff seeks after the due date.

2. As to the judgment on the Defendant’s assertion, the Defendant, after commencing the transaction with the Defendant, set the unit price at a higher level by providing the goods with low quality, and as the Defendant’s assertion, agreed to reduce the unit price per kg to the extent of KRW 5,00, thereby adjusting the price. The Defendant asserted that the unpaid land price calculated based on the adjusted unit price is only KRW 12,835,847. However, there is no evidence to prove that there was such agreement between the Plaintiff and the Defendant.

3. In conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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