(영문) 인천지방법원부천지원 2020.08.21 2020가단607

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(영문) 인천지방법원부천지원 2020.08.21 2020가단607

물품대금

Text

1. The defendant shall pay to the plaintiff 50,051,096 won and the interest rate of 12% per annum from January 29, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. From February 2017 to August 13, 2019, the Plaintiff supplied the Defendant with goods, such as high voltages, hosts, and shower lines, and the Defendant’s unpaid payment is KRW 50,051,096.

B. The plaintiff requested the defendant to pay the above price for the goods, and the defendant asserted some defects in the goods and did not pay the price.

The plaintiff deducted the amount of goods claimed as defects from the defendant and paid the remainder, but the defendant does not pay the total amount of goods without specifying the defective contents, the amount, etc.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. In light of the above facts, the defendant is obligated to pay to the plaintiff 50,051,096 won for unpaid goods and delay damages calculated at the rate of 12% per annum from January 29, 2020 to the day of complete payment, which is the day following the delivery of a copy of the complaint of this case, to the day of complete payment, unless there are special circumstances.

In regard to this, the defendant argues that the 26,315,250 won among the goods supplied by the plaintiff is defective and the defective amount is determined in the situation of continuous deterioration, and that the remaining amount should be offset against the price of the goods and paid.

However, according to the statement in Gap evidence No. 5, the plaintiff's claims for the return of the goods that the defendant asserted the defect and claimed the exclusion of the part, and the entries and images of evidence No. 1 to No. 4 alone do not specify any defective part of the goods supplied by the plaintiff, the amount of the defendant's damage caused by the defect is not specified, but it is insufficient to recognize the fact that the present defect occurred, and there is no other evidence to acknowledge it.

Therefore, the defendant's defense cannot be accepted.

3. The plaintiff's claim is justified.

참조조문

-소송촉진 등에 관한 특례법

유사 판례

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