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(영문) 수원지방법원성남지원 2014.09.02 2013가단46176
물품대금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 55,879,549 and the interest rate of KRW 20% per annum from December 25, 2013 to the date of full payment.

Reasons

In light of the facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 3, and the whole purport of the pleadings, the plaintiff entered into a basic transaction agreement with the defendant around September 2012 that the defendant will continue to be supplied with the automobile bH-100 (hereinafter "the instant bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb on the condition that the plaintiff exchanges the instant bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb on the part of the defendant, and the plaintiff returned the performance of the goods in total to the defendant, notwithstanding the fact that the defendant did not pass the performance bbbbbbbbbbbbbbbbbbbbbb on the plaintiff.

In light of the above facts, it is reasonable to view that the Plaintiff sustained damages equivalent to KRW 55,879,549, which are equivalent to the amount of goods already returned due to the Defendant’s failure to perform his/her duty to exchange black boxes.

Therefore, the defendant is obligated to pay to the plaintiff 5,879,549 won and 20% interest per annum from December 25, 2013 to the day of full payment after the delivery date of the complaint of this case.

Therefore, the plaintiff's claim is accepted on the ground of the reasons.

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