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(영문) 인천지방법원 2017.10.18 2016가단35535
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 21,137,00 and interest rate of KRW 15% per annum from August 5, 2016 to the date of complete payment.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff is a person who is engaged in the pipe dust, packing business, etc. under the trade name of “C,” and the Defendant is a person who engages in the business of manufacturing cosmetics, etc. under the trade name of “D.”

From January 2016 to May 2016, the Plaintiff was supplied with cosmetics and tubes manufactured by the Defendant from January 2016 to May 2016, and supplied the Defendant with finished products with sufficient contents.

The Plaintiff issued a tax invoice on KRW 24,137,00 for the total amount of KRW 24,137,00,000 for the supply price of the above-mentioned tubes to the Defendant, but the Defendant paid only KRW 3,00,000 among the above money.

[Reasons for Recognition] Facts without dispute, entries in Gap evidence 1 and 2 (including provisional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

B. Unless there exist special circumstances to determine, the Defendant is obligated to pay to the Plaintiff the amount of 21,137,000 won payable to the Plaintiff and damages for delay calculated at the rate of 15% per annum from August 5, 2016 to the day of full payment, as the Plaintiff seeks.

2. Judgment on the defendant's defense

A. On February 29, 2016, the Defendant: (a) supplied 211,800 tubes products that ordered the Plaintiff to be supplied to the soft leaf Co., Ltd. (hereinafter referred to as “Scaf leaf”); (b) the Defendant returned 145,200 out of them to the Plaintiff, as there were many defects, such as defective processing of sealed products and injecting them into the said products with a new content or a lack of capacity.

As such, due to the incomplete performance by the Plaintiff who supplied defective goods, the Defendant could not achieve the purpose of the instant transaction, the contract between the Plaintiff and the Defendant on the quantity of returned goods is rescinded, and the Plaintiff suffered damages (such as 15,480,800 won in total of the revised tax invoices issued by the Seocho Hen Helf, 402,50 won in total of the revised tax invoices, 402,50 won in return, other waste disposal expenses, and consolation money, etc. due to damage to credit) incurred by the Defendant to the Defendant.

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