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(영문) 수원지방법원 2017.04.05 2016가단31677
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 83,527,281 and the interest rate of KRW 15% per annum from October 11, 2016 to the date of full payment.

Reasons

1. Evidence 【Evidence】1, A2, A3, A1, and the purport of the whole pleadings

A. The Plaintiff is a business operator who manufactures plastic resin, etc. with the trade name “D” in Mosung City, and the Defendant is a business operator who manufactures and sells synthetic resin with the trade name “E”.

B. Around December 2015, the Plaintiff entered into a commodity supply contract with the Defendant, and supplied the Defendant with the headquarters from December 4, 2015 to June 23, 2016.

C. The price for the goods supplied by the original group during the above period is KRW 180,788,881 (including value-added tax) and was paid KRW 94 million among them by the Defendant.

The Plaintiff and the Defendant agreed to reduce the amount of KRW 3,261,600 out of the amount of the goods supplied by the Plaintiff to the Plaintiff on the grounds of the defect in some of the goods supplied by the Plaintiff.

2. The allegations by the parties and the judgment of this court

A. The Plaintiff’s assertion 1) The Defendant asserted that the Defendant paid to the Plaintiff the amount of KRW 83,527,281 (i.e., 180,788,81-94,00,000-3, 261,60) and damages for delay. 2) The Defendant, in response to the Defendant, did not receive the goods supplied on May 28, 2016 from the Plaintiff on December 30, 2015; and (ii) the amount of goods supplied on December 30, 2015; and (iii) the amount of goods supplied on March 30, 2016; and (iv) the amount of goods supplied on May 28, 2016 is KRW 50,082,373.

B. Comprehensively taking account of the overall purport of the arguments in this Court’s judgment Gap 12, Gap 3, and Gap 4, the Plaintiff prepared a transaction statement while supplying the original unit to the Defendant, and signed by the transferee, but each transaction statement as of December 30, 2015; on March 28, 2016; on March 30, 2016; on May 28, 2016, each transaction statement as of May 28, 2016; the Plaintiff requested the debt collection company to collect the price of the goods; the Plaintiff requested the debt collection company to pay the price of the goods; the Defendant demanded the payment of the goods to the Defendant; the Defendant demanded the reduction of the price of the goods in KRW 3,261,60 among the unpaid goods; the Defendant’s employee F to the Defendant’s employee KRW 9,78,81, Aug. 8, 2016;

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