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(영문) 수원지방법원 2019.09.27 2019나53631
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

Comprehensively taking account of the arguments and the purport of the entire pleadings as to the statements in the evidence Nos. 1 and 2 written evidence, the Plaintiff supplied goods such as substitute stones and straws (hereinafter “instant goods”) to the Defendant from June 2016 to October 2016 at the request of the Defendant, but it can be acknowledged that the Defendant did not pay KRW 5,933,820 out of the price of the said goods.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the amount of KRW 5,933,820 for the instant goods and the amount calculated at the rate of 15% per annum from May 22, 2018 to the date of full payment, which is the day following the delivery date of a copy of the instant complaint, sought by the Plaintiff.

In regard to this, the defendant alleged that the above 7,00,000 won should be reduced from the price of the goods of this case, since the defendant suffered damage above 7,00,000 won due to the defect of the goods of this case, but it is not sufficient to recognize that there was a defect in the goods of this case only with the descriptions of the evidence Nos. 2 through 5, and thereby there was a loss equivalent to 7,00,000 won to the defendant (the defendant reversed the previous argument to the effect that there was a defect in the goods of this case in the trial of the court of first instance, claiming that there was no price for the goods of this case not accrued to the plaintiff in the reply of this case, but there is no other evidence to acknowledge this differently, and the above argument of the defendant is without

The plaintiff's claim is reasonable, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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