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서울서부지방법원 2018.11.02 2018가단5228

1. The Defendant’s KRW 34,609,00 and the Plaintiff’s annual rate of KRW 6% from September 28, 2017 to March 7, 2018, and the following.


1. Judgment on the ground of the Plaintiff’s claim

A. (1) On July 13, 2017, the Plaintiff entered into a contract for the sale of goods with the content that the Plaintiff shall deliver the goods to the Defendant and receive the remainder within 20 days after delivery. (2) On September 7, 2017, the Plaintiff supplied the Defendant with the goods of KRW 55,440,000 and the additional goods of KRW 4,609,000, which are the goods specified in the said contract.

3) Until September 27, 2017, the Plaintiff received only KRW 25,440,000, which is a part of the goods price set from the Defendant, from the Defendant, and failed to receive the remainder of KRW 34,609,000. [In the absence of any dispute over the grounds for recognition, the entries in subparagraphs A and 2, and the purport of the entire pleadings.]

B. In light of the facts established above, the Defendant is obligated to pay to the Plaintiff the remainder of the goods price of KRW 34,609,000, and the damages for delay calculated at the rate of 6% per annum under the Commercial Act from September 28, 2017 to March 7, 2018, the delivery date of the copy of the complaint in this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. The defendant's assertion that part of the goods supplied by the plaintiff to the defendant as above could not be used, or part of the goods caused inconvenience or damage to the defendant. Thus, the defendant cannot respond to the plaintiff's claim of this case. However, since there is no evidence to acknowledge the defendant's above assertion, the defendant cannot accept the claim of this case.

3. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.