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(영문) 의정부지방법원 2018.08.22 2017나7607
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in the furniture manufacturing business with the trade name of C, and the Defendant is a person who runs the interior fishery business with the trade name of D.

B. On February 16, 2017, upon receiving orders from the Defendant, the Plaintiff supplied the junx, junx, and receipt room to the Gangnam-gu Seoul E site (hereinafter “E site”), and on February 17, 2017, supplied the F Hospital located in Namyang-si (hereinafter “F site”) with households, such as junx, junx, receipt room, and junx.

C. On February 17, 2017, the Defendant deposited KRW 5,000,000 as the price for goods with the Plaintiff’s account.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim and the aforementioned evidence, the Plaintiff supplied a household equivalent to KRW 1,66,000 at the construction site of E on February 16, 2017, and the Plaintiff supplied a total of KRW 11,845,00 to the F site on February 17, 2017. The fact that the Plaintiff received KRW 5,000,000 from the Defendant as the price for goods is acknowledged as above.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of KRW 8,51,00 (= KRW 11,845,000 in E 1,66,00 in KRW 11,845,00 in advance) and the amount of KRW 5,00 in advance) calculated by the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 8, 2017 to the date of delivery of a copy of the instant complaint.

3. The judgment on the defendant's assertion of defects is that the household supplied by the plaintiff does not coincide with the drawing and specification, or there are defects such as using other materials or contaminated materials not agreed with the defendant, or not finishing on the side. Therefore, the plaintiff shall compensate for damages suffered by the defendant due to such defects, and if the above amount of compensation is deducted from the price of goods, the defendant shall deduct the above amount of compensation from

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