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(영문) 인천지방법원 2020.11.17 2020가단221289
물품대금
Text

The defendant shall pay 92,638,180 won to the plaintiff and 12% per annum from February 13, 2020 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1-8 (including additional numbers) and Eul evidence Nos. 1, the Plaintiff’s representative director C has been engaged in a transaction of supplying the defendant and lighting fixtures, etc. from January 2016 through an individual business entity under the name of "E" in the name of "E". On February 8, 2019, the Plaintiff succeeded to the existing commodity transaction, which had been under the name of "E" and continued the transaction with the defendant in the name of the plaintiff since that time. The Plaintiff’s product price claim balance against the defendant was KRW 292,638,180 as of November 5, 2019, but around January 6, 2020, the remainder of the goods price remains at KRW 92,638,180 as of the present price of goods after receiving payment of KRW 200,000,000.

B. According to the above facts, the defendant is obligated to pay to the plaintiff 92,638,180 won for goods and damages for delay calculated at the rate of 12% per annum from February 13, 2020 to the day of full payment after the delivery date of the original original copy of the instant payment order, which the plaintiff seeks.

2. On October 2018, the Defendant entered into a contract with the Plaintiff to supply showers, etc. to be installed in the apartment complex of the Jindo F apartment and Changwon G with the same domestic products as those set up in the model Haice. However, unlike the above agreement, the Defendant did not specify specifically the amount of damage claim as stated in the reply of June 4, 2020, as well as the amount of damage claim as stated in subparagraph 1, if the Defendant offsets the damage claim against the Plaintiff to the extent of equal amount between the damage claim and the claim for the above goods price.

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