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(영문) 서울중앙지방법원 2017.01.10 2016가단5039838
물품대금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) USD 17,948.12 of the United States dollars to the Plaintiff (Counterclaim Defendant) and on March 16, 2016.

Reasons

1. From April 2015 to June 2015, the Plaintiff supplied the Defendant with the garment Won equivalent to USD 49,113.92 in U.S. dollars (hereinafter “instant headquarters”) as shown in the attached sheet, and the Defendant paid USD 31,165.80 in the amount of the goods to the instant headquarters, and there is no dispute between the parties that the amount of the unpaid payment is USD 17,948.12.

2. According to the above facts of recognition as to the claim of this case, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 16, 2016 to the day of full payment, as the Plaintiff seeks, USD 17,948.12 in U.S. dollars and to the day of delivery of a copy of the complaint of this case.

The Defendant, through the preparatory brief dated October 19, 2016, agreed that the Plaintiff and the Defendant shall proceed with the procedure for returning the goods of this case. As such, the Plaintiff and the Defendant asserted that the contract for supplying the goods of this case was revoked or rescinded and that there exists no ground for the Plaintiff’s claim for the payment of the goods of this case and there remains only restoration procedures. However, the Defendant already led to the confession of the fact that the amount of USD 17,948.12 against the Plaintiff was not paid through the statement in the counter-statement as of July 6, 2016, and see Articles 5 through 6 of the counter-statement, and the Defendant claimed USD 30,587.62 against the Plaintiff in calculating the amount of the counter-claim claim against the Plaintiff, USD 12,639.5 against the unpaid goods of 17,948.

There is no evidence to acknowledge that the confession was contrary to the truth and due to mistake. Thus, the defendant's argument contradictory to the confession is without merit without any need to further examine.

3. Judgment on the counterclaim

A. The Defendant recognized the defects of the instant headquarters on August 31, 2015, which were sent by the president B of Korea to the Defendant on August 31, 2015, and borne by the Defendant.

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