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(영문) 수원지방법원여주지원 2019.01.15 2018가단1201
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 62,90,640 and the interest rate of KRW 15% per annum from January 23, 2018 to the day of complete payment.

Reasons

Facts of recognition

The Plaintiff and the Defendant concluded an agency contract on May 16, 2016.

The content of the product was that the Defendant manufactured by orders from the Plaintiff from the U.S. A. T. T. L. L. L. L. L. L. L. L. L.C. (hereinafter “instant product”).

On the same day, the Plaintiff ordered 600 stuffs to the Defendant, and paid 119,834,550 won to the Defendant by May 30, 2016.

By July 13, 2016, the Defendant entered 600 boxes of the instant product into the Plaintiff’s warehouse.

(Reasons for recognition) Facts without dispute, entry of Gap evidence 3 and 4, the purport of the whole pleadings.

The plaintiff asserted that the plaintiff of this case ordered 600 boxes to the defendant, and the defendant produced them and brought them to the plaintiff's warehouse, and 330 boxes out of them re-entered.

Therefore, the defendant should pay 62,90,640 won to the plaintiff for the price of 330 stuffs of the product of this case.

The defendant brought a total of 1,560 stuffs to the plaintiff's warehouse. The defendant sold it together with the plaintiff and the defendant, and settled the price.

However, the Plaintiff’s wrong storage of the instant product in the warehouse, thereby damaging the product, and thereby making it impossible to sell the said product, and thus, the Plaintiff should bear the damages caused by the damage to the product.

Therefore, the plaintiff's claim is improper.

Judgment

The Defendant held 330 boxes among the instant products stored in the Plaintiff’s warehouse by June 19, 2017, and the fact that the Plaintiff issued a tax invoice for KRW 62,900,640 to the Defendant on July 24, 2017, on the trade specifications of 330 boxes of the instant products and the amount of the said tax invoice to the Defendant on KRW 62,90,640 of the said amount, is either not in dispute between the parties, or recognized by the purport of the respective entries and arguments set forth in subparagraphs A

The defendant asserts that the plaintiff's claim is improper on the grounds as seen earlier, but the plaintiff and the defendant sell the product of this case together with the price.

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