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Reasons
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(영문) 서울남부지방법원 2019.06.25 2018가단223744
물품대금
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1. The Defendant’s KRW 115,50,000 for the Plaintiff and 6% per annum from May 21, 2019 to June 25, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the development, distribution, etc. of software and hardware, and the Defendant also is also a company engaged in the development, distribution, etc. of software products and software, and C (hereinafter “C”) is a company that imports and sells voice in Korea while engaging in software development and supply business.

B. C imported 25 voice (E) from U.S. D companies on January 2, 2018.

C. On February 12, 2018, C sold the said voice 21 (hereinafter “the instant goods”) to F Co., Ltd. (hereinafter “F”), 6.6 million won per unit (excluding value added tax), and F sold and delivered the instant goods to the Plaintiff at KRW 7 million per unit (excluding value added tax) on the following day.

The Plaintiff intended to deliver the instant goods to G Co., Ltd. (hereinafter “G”) after receiving the delivery of the instant goods, but failed to receive an order from G.

E. On February 12, 2018, the Defendant confirmed that C employee H would be able to supply the instant goods if he/she received an order from G, and H would be able to supply KRW 5 million per unit.

F. After receiving an order from G, the Defendant attempted to recover and secure the instant goods from the Plaintiff via C, but the Plaintiff rejected the order and confirmed whether additional imports could be made available to C, which led to a failure in delivery, on the ground that more than one month is required.

G. On February 23, 2018, the Plaintiff’s employee presented his opinion that the instant goods should be supplied to Defendant J and SJ, and that the account statement should be arranged to C, and the Plaintiff sent the instant goods to the Defendant on February 26, 2018.

H. On February 2018, the Defendant received an order from G for the supply and installation of the instant goods, and installed the instant goods in K designated by G at KRW 8,800,000 per unit (excluding surtax).

I. C related to the settlement of the price for the goods by the defendant.

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