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(영문) 수원지방법원안산지원 2020.09.16 2019가단77104
물품대금
Text

1. The Defendant’s KRW 38,413,518 as well as 6% per annum from December 4, 2019 to September 16, 2020 to the Plaintiff.

Reasons

Upon the Defendant’s request from February 2019 to March 2019, the Plaintiff processed and supplied the printing circuit board, etc. from February 2019 to March 2019. The Plaintiff’s service payment for the Defendant is KRW 71,77,181, and the Defendant supplied the Plaintiff with materials equivalent to KRW 9,982,267 to the Plaintiff, and the Defendant supplied the Plaintiff with materials equivalent to KRW 19,113,560 among the processed goods. The Plaintiff’s defect in the amount of KRW 19,113,560 to the remainder of the Plaintiff’s service payment for the Defendant after deducting such material cost and defect costs is not a dispute between the parties.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the above KRW 48,860,844 and damages for delay.

As to this, the Defendant asserts to the effect that there was a defect in the aggregate of KRW 10,447,326 in the goods processed and supplied by the Plaintiff during the above period, the Defendant issued an electronic tax invoice that reduces the sum of KRW 8,89,226 on April 30, 2019, which is 1,548,100 in total under the name of the “unpaid 30,000,000 won,” and the Plaintiff issued an electronic tax invoice that reduces the sum of KRW 1,548,100 in total from the above unpaid 48,860,844 to the Defendant around August 1, 2019, in light of the following purport, it is reasonable to recognize that the Plaintiff paid the remainder of KRW 10,47,3268,89,8469,289,200 to the Defendant by deducting the above unpaid 10,47,000 won from the above price.

The defendant's assertion pointing this out is with merit.

In addition, the defendant is called "non-party company" that the plaintiff acquired.

It is argued that the 45,415,638 costs of defects against the defendant should be offset.

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