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(영문) 인천지방법원부천지원 2015.09.16 2015가단8102
물품대금
Text

1. The Defendant’s KRW 26,284,950 for the Plaintiff and 5% per annum from April 18, 2015 to September 16, 2015.

Reasons

1. Facts of recognition;

A. Before 2014, the Plaintiff manufactured and supplied box to the Defendant, and on December 31, 2013, the remainder of the box price that the Defendant did not pay was KRW 16,374,000.

B. From January 2014 to February 2015, the Plaintiff manufactured and supplied the boxes to the Defendant at the Defendant’s request. The details of the delivery are as follows.

(Amount: 16,374,00 carried over on December 16, 2013; 377,00; 389,700 4,286,700 4,344,450 00, 2014. 3,949,5030,153,005 06,308,6805,668,608,3008,306,308,406,308,406,308,406,308,40,400,400,300,40,400,400,400,400,405, 306,406,308,406,50,300,000, 3005, 302,002,002,302,698, 3014

C. From January 7, 2014 to October 13, 2014, the Defendant paid KRW 23,500,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1-3 evidence, Eul 1-3 evidence (including provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay the amount of KRW 26,284,950 (=49,784,950-23,50,000) to the plaintiff.

B. The defendant asserts that since the plaintiff voluntarily supplied part of the goods against the defendant's will, it cannot pay the price.

According to the above evidence and the purport of the whole pleadings, even though the circumstance where the defendant requested the suspension of supply to the plaintiff on the ground of the unit price of supply in the course of delivery of some goods is recognized, such defendant's request is completed at the request of the defendant, and it seems against the agreement between the plaintiff and the defendant. Therefore, the plaintiff refused the defendant's request and transferred stuffs to the defendant's customers, etc.

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