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(영문) 서울동부지방법원 2021.02.05 2019가합115554
물품대금
Text

The defendant's KRW 291,267,077 and its related 6% per annum from September 1, 2019 to November 11, 2019, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that aims at the manufacture and sale of textile products and clothing, and the Defendant is a company that aims at the manufacture and wholesale and retail business of clothing.

B. On October 26, 2018, the Plaintiff concluded a supply contract for finished products (hereinafter “instant contract”) with the following content that the Plaintiff would produce and deliver clothing and other goods to the Defendant.

Items: C 100% Cuba 100% Cuba Coke (hereinafter referred to as "gresponda") settlement amount of 1,000 punishment (including value added tax): C 161,348,000 won (including unit price 322,696 won) of Cuba C 148,073,200 won ( unit price 148,073 won) of Cuba 148,421,200 won: The last day of the delivery following the month; the last day of the month from the end of the following month; the last day of the month from the end of the following month from the end of the 16th to the end of the following month; the last day of each month from the end of the 16th day to the end of the following month from the end of each month from the end of the 16th day of the following month;

C. Pursuant to the instant contract, the Plaintiff produced glar and galulties and supplied the Defendant a total of KRW 389,377,886 by January 31, 2019. The Defendant paid the Plaintiff the total of KRW 98,110,809 by June 20, 2019.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, Gap evidence No. 2-3, Eul evidence No. 3, the purport of the whole pleadings

2. Assertion and determination

A. According to the facts established on the determination of the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 291,267,07,07,077, excluding KRW 98,110,809, paid by the Defendant, out of KRW 389,377,886, for the goods produced and supplied by the Plaintiff to the Defendant under the instant contract, and damages for delay.

B. The defendant's assertion 1) The defendant was manufactured using subsidiary materials, such as saves and saves, which are different from those designated by the defendant, among the cocons supplied by the plaintiff, and a large number of the old saves were supplied after the prescribed delivery period. Accordingly, the defendant's saves were first used.

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