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(영문) 수원지방법원 안양지원 2018.11.14 2017가단12958
물품대금
Text

1. The Defendant’s KRW 34,232,740 as well as the Plaintiff’s annual rate of 5% from September 27, 2017 to November 14, 2018, and the following.

Reasons

1. In addition to the purport of the entire pleadings in the statements in Gap evidence Nos. 1 through 5 and Eul evidence Nos. 8 as to the cause of the claim, the plaintiff may recognize the fact that the plaintiff supplied the defendant with goods equivalent to the aggregate amount of KRW 57,814,460, such as the Mask factoring 617,60 on October 17, 2016 (hereinafter "the First Sale"), and the Mask factoring 95,800 (hereinafter "the Second Sale") revised on June 1 and 16, 2016, total sum of KRW 6,418,280, such as the Mask 1 and 16th of the same month.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the remaining price of delivered goods that the Defendant repaid and damages for delay thereof, out of KRW 64,232,740 (i.e., KRW 57,814,460 (= KRW 6,418,280).

2. Judgment on the defendant's defense

A. Offset 1) The summary of the claim of set-off 1) was that the Plaintiff supplied on October 17, 2016 the damage claim of this case was defective compared to other products, and the Defendant has the damage claim in lieu of the above defect repair against the Plaintiff. However, if the Plaintiff offsets the claim for the supply of each of the supply of goods to the Defendant with automatic bonds, the Defendant does not remain the payment to the Plaintiff. 2) according to each of the evidence Nos. 1 and 9, the 1) of this case’s 1st and 9, which the Plaintiff supplied to the Defendant on October 17, 2016, was merely 5.6 N, and the 1st and the 1st and upper level strength of the 1st century, which the Plaintiff supplied to the Defendant on October 17, 2016, was merely 5.6 N. The 1st and the content of this case’s 1st century, which caused damage to the Defendant’s property damage.

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