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(영문) 광주지방법원해남지원 2019.10.01 2018가단202771
물품대금
Text

1. The Defendant’s KRW 33,812,50 for the Plaintiff and KRW 15% per annum from November 27, 2018 to May 31, 2019.

Reasons

1. As to the cause of the claim, the Plaintiff supplied B with the feed for the complete recovery of KRW 33,812,500 as of June 29, 2018 after receiving a partial payment from the Plaintiff on January 22, 2016 to March 8, 2017, and the outstanding amount of KRW 33,812,50 as of June 29, 2018 remains; B died on February 17, 2019 where the instant lawsuit is pending; B’s first-class heir was the Defendant, E (former F) who is the spouse and his/her children; among them, the Plaintiff renounced inheritance (oror Gwangju Family Court’s net support 2019No214, Feb. 19, 2019; and acceptance on February 28, 2019).

Therefore, barring special circumstances, the defendant is obligated to pay 3,812,500 won to the plaintiff as the heir of B, who is the remainder of the mopy failure.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion that the Plaintiff died in large quantity as a feed that the Plaintiff supplied to B in 2016.

This is because there was a problem in the feed supplied by the plaintiff.

As a result, B has suffered a lot of damages.

Therefore, the amount equivalent to at least 50% of the plaintiff's claim amount should be reduced.

It is understood as a set-off defense against a claim for damages caused by a defect of a thing.

B. In light of the overall purport of the arguments in the evidence Nos. 2 and 3 of the judgment, it is recognized that the quantity of the feed purchased by the Plaintiff from the Plaintiff, including B, was reduced most in 2017 compared to the year 2016, compared to the year 2016, and that the income of B from the b from the 2014 and the year 2015 was reduced compared to the year 2016.

However, the above facts alone are insufficient to recognize the fact that there was a defect in the feed supplied by the Plaintiff in 2016, and otherwise, evidence to prove it objectively.

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