(영문) 광주지방법원 목포지원 2018.10.31 2017가단55191

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(영문) 광주지방법원 목포지원 2018.10.31 2017가단55191

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 49,550,300 and the interest rate of KRW 15% per annum from December 29, 2017 to the date of full payment.

Reasons

1. Around May 2017, the Plaintiff entered into a transaction agreement with the Defendant to supply the column produced by the Plaintiff to the Defendant, and the Defendant was supplied disturbance from May 2, 2017 to August 19, 2017, and the fact that the price of goods equivalent to KRW 49,550,30 is not paid at the time of the termination of the transaction, is not in dispute between the parties, or that the fact that the price of goods equivalent to KRW 49,50,300 is not paid, is recognized in accordance with the purport of each entry and all pleadings set forth in subparagraphs A and 2.

According to the above facts, the defendant is obligated to pay 49,550,300 won for the unpaid goods and delay damages to the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. Of the column supplied by the Plaintiff in the Defendant’s assertion, there was a defect in which the Defendant’s total amount of KRW 74,871,200 [26 million in the column supplied on seven occasions from June 1, 2017 to June 15, 2017 ② KRW 20,217,600 in the column supplied on June 17, 2017 (“28,653,600 in the column supplied on July 6, 2017] was low or decomposed, and the Defendant received a return of the column in the aggregate amount of KRW 69,425,450 in the column as above.

Therefore, the Defendant has a damage claim equivalent to the sum of KRW 74,871,200 against the Plaintiff, and among them, the damages claim amounting to the sum of KRW 69,425,450 returned by the Customer is offset against the amount equal to the unpaid claim against the Defendant. Therefore, the unpaid amount of goods does not remain.

B. In full view of the following circumstances acknowledged by the respective descriptions and arguments of Nos. 2, 4, 6, and 4 (including serial numbers; hereinafter the same shall apply) and the overall purport of the pleadings, there is a defect in the column equivalent to the sum of KRW 74,871,200 among the columns supplied by the Plaintiff only by the respective descriptions or images of Nos. 1 through 8.

(2) shall not be deemed to have been effective.

유사 판례

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