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(영문) 대구지방법원 2018.10.24 2017나11757
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. The fact that there is no dispute as to the cause of the claim, and comprehensively taking account of the purport of Gap evidence and all the pleadings, the plaintiff is a person who runs trade wholesale business with the trade name "C", and the defendant is a legal entity that runs the automobile parts manufacturing business, and the plaintiff is obligated to pay 5% per annum to the plaintiff at the rate of 15% per annum as stipulated in the Commercial Act from July 2016 to August 8, 2016 for the supply of various parts to the defendant and 63,454,156 won per annum (including value added tax). Thus, the defendant is obligated to pay to the plaintiff 63,454,156 won per annum, and damages for delay calculated by 15% per annum from the next day to the next day of the delivery date of the payment order of this case from September 1, 2016 to May 8, 2017.

2. Judgment on the defendant's assertion

A. Defendant’s assertion 1) At the time of being supplied with parts necessary for manufacturing automobile parts by the Plaintiff, the Defendant agreed to pay the price for supplied goods from B after processing and supplying them to B, and the Defendant did not receive the price for supplied goods from B until now, and thus, the Defendant does not have the obligation to pay the said price to the Plaintiff (hereinafter “instant”).

(2) At the time of supplying the above parts to the Defendant, the Plaintiff provided the test result sheet and quality guarantee sheet to prove the characteristics and quality of the parts, and the test result and the data to prove that the parts were domestically produced by the Defendant, but did not provide them. Accordingly, the Defendant did not supply a considerable number of parts to B. Thus, the Defendant is liable to pay the above goods price to the Plaintiff.

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