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(영문) 춘천지방법원원주지원 2016.05.19 2015가단8307
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 83,512,220 and the interest rate of KRW 15% per annum from November 18, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates the business of wholesale of the styp pumps, and the Defendant is a person who runs the wholesale business of the styp pumps.

B. From December 17, 2014 to May 29, 2015, the Plaintiff supplied the Defendant with a total of 196,808,70 won.

(c) The sphere price was settled and paid by the end of the following month after settling accounts for the sphere under supplied one month.

The defendant paid 113,296,480 won out of 196,808,700 won, and paid 83,512,220 won, which is the remainder.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the unpaid amount of KRW 83,512,220 and 15% interest per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from November 18, 2015 to the date of complete payment, as the Plaintiff seeks.

B. The defendant's assertion 1 is asserted as follows.

① From the end of November 2014, the Plaintiff manufactured gold bars necessary for the styp production and promised to supply the goods from the beginning of December 2014. However, the Plaintiff delayed the supply of the goods at the lower end of December, 2012, much much over the time limit.

② On the wind of manufacturing by reducing the weight of the sphere, the Plaintiff supplied the sphere-phere-phere-phere-phere-phere-phere-phere-phere-phere-phere-phere-phering with defects, such as the sphere-phere-phere

③ The Defendant requested the return of the defective sphere, but did not take place.

④ Due to the delay of the payment period of the Plaintiff and the supply of defective sprinks, the Defendant suffered losses from the transaction partner who did not receive the price of delivered goods.

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