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Reasons
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(영문) 창원지방법원 2016.10.27 2015가합33816
물품대금
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1. The Defendant’s KRW 219,326,90 for the Plaintiff and KRW 20% per annum from July 29, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff operates B (individual entrepreneur) as a manufacturer of pipes and ancillary materials, etc.

The defendant is a company that carries on the manufacturing business of automobile air conditioners, etc.

Since 2006, the Plaintiff supplied the Defendant with pipes and various accessories necessary for the manufacture of automobile air-conditioning devices.

B. Around March 2015, the Plaintiff supplied the Defendant with the goods worthing to KRW 69,507,798 (Dong, etc.), but the Defendant paid only KRW 29,088,076 as the price for the goods.

C. The Plaintiff supplied the Defendant with goods equivalent to KRW 79,09,248 on April 2015, and supplied goods equivalent to KRW 72,168,718 on May 2015, but the Defendant did not pay each of the above goods.

Accordingly, the Plaintiff demanded the Defendant to pay the price of goods on or around June 4, 2015, and the Defendant paid only KRW 40 million out of the price of goods for March 2015, which was unpaid on or around June 9, 2015.

On June 16, 2015, the Plaintiff notified the Defendant that suspension of supply of goods and legal measures will be taken, and the Defendant paid the amount of goods unpaid to the Plaintiff by July 10, 2015, around June 22, 2015.

Accordingly, the Plaintiff supplied goods worth KRW 67,639,302 to the Defendant around that time, but the Defendant did not fully pay the said goods to the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings

2. According to the facts of the determination as to the cause of the claim, the defendant's total amount of KRW 219,326,90 [the defendant's total amount of KRW 419,722 (=69,507,798 won - 29,08,076 won - 40,000 won] and the amount of goods for the month of May 79,09,248 KRW 72,168,718 for the amount of KRW 77,639,302 for the six months following the day on which a copy of the complaint of this case was served from July 29, 2015 to September 30, 2015; 20% per annum from the day following the day of service of a copy of the complaint of this case until September 30, 2015 to day of full payment;

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