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(영문) 인천지방법원 부천지원 2018.03.28 2016가단16445
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 24,73,00 and the interest rate of KRW 15% per annum from August 25, 2016 to the day of complete payment.

Reasons

1. The fact that the Plaintiff did not dispute, concluded a supply contract with the purport that the Plaintiff from November 1, 2015 to February 28, 2016, intended to supply parts, etc. entered in the instant product manufactured by the Defendant to the Defendant from November 1, 2015, and the fact that the Plaintiff supplied goods is no dispute between the parties.

2. The defendant asserts that the plaintiff sought payment of KRW 24,733,00 as the cause of the claim in this case, and that the defendant agreed to pay KRW 13,853,00 as a result of the defect in the goods supplied by the plaintiff after settling the remaining amount of KRW 24,119,00.

3. Comprehensively taking account of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 3 and 4 (including a branch number), the fact that the plaintiff supplied the defendant with the goods equivalent to KRW 92,707,010 from November 1, 2015 to February 28, 2016, and the defendant paid the plaintiff totaling KRW 67,974,000 as the price for the goods. According to the above facts of recognition, the defendant is obligated to pay the plaintiff the remaining amount of KRW 24,73,010 (= KRW 92,707,010), - KRW 67,974,000).

As to this, the defendant alleged that he agreed to settle the remaining amount of KRW 24,119,00 with the plaintiff, but it is not sufficient to recognize the statement of evidence No. 7 alone, and there is no other evidence to acknowledge it.

(C) According to the above evidence, the plaintiff's agreement on the settlement of the remaining amount of goods at KRW 24,119,000 shall not be deemed to have been reached. Then, although there is no evidence to acknowledge that the defendant agreed to settle the remaining amount at KRW 13,853,010 between the plaintiff and the plaintiff, the defendant has agreed to do so.

Therefore, the defendant is clearly recorded on August 25, 2016, that it is the day following the delivery date of a copy of the complaint of this case sought by the plaintiff as the plaintiff's 24,733,000 won among the balance of the goods to the plaintiff among the balance of the goods.

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