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(영문) 수원지방법원 2017.03.30 2016나61006
물품대금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Determination on the cause of the claim

A. Basic facts 1) The Plaintiff is a company that manufactures and sells paints, chemical products, etc., and the Defendant is a person who operates a paint sales store with the trade name of B. (2) The Plaintiff supplied the Defendant with the goods equivalent to KRW 340,578,700 in total from February 2, 2011 to July 2013. The Defendant paid only KRW 332,348,500 in total from July 2013, and returned goods equivalent to KRW 3,934,700 in total from October 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 4,295,50 won for attempted goods and delay damages, unless there are special circumstances to the plaintiff.

Around 2013, the Defendant claimed 4,200,000 won as compensation for damages from the Cautomobile Industrial Company that purchased the above product, and claimed that the above amount should be deducted from the Defendant’s goods payment liability, and thus, the Defendant cannot comply with the Plaintiff’s above claim.

According to the statements in Eul evidence Nos. 1 through 6, the defendant can only recognize the fact that the defendant paid KRW 4,00,000 at the request of the Cautomobile Industrial Complex, and further, there is an objective defect in the 424 Scar Pacc supplied by the plaintiff to the defendant, and there is no other evidence to acknowledge that there was a loss of KRW 4,20,000 due to the above defect, and there is no other evidence to acknowledge it.

Therefore, the defendant's above assertion is without merit.

2. In conclusion, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed and it is so decided as per Disposition.

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