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(영문) 수원지방법원성남지원 2015.02.10 2014가단22979
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 37,302,313 as well as 20% per annum from July 26, 2014 to the day of full payment.

Reasons

1. The fact that the Plaintiff supplied 298,032,313 won (including value-added tax; hereinafter the same shall apply) to the Defendant during the period from January 23, 2014 to May 15, 2014 that the Plaintiff received 26,0730,000 won out of the price of parts from the Defendant during the period from January 22, 2014 to June 18, 2014.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 37,302,313 won (298,032,313 won-26,0730,000 won) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 16, 2014 to the date of full payment, as the plaintiff seeks.

2. The defendant's argument that the defendant's compensation amount should be deducted or offset from the plaintiff's claim amount because the defendant's black booms, which installed the parts supplied by the plaintiff, shows a phenomenon that shows a color point (SPT) at the same point on the screen of the defendant's black booms, which installed the parts supplied by the plaintiff. This is due to the failure to pay OV2643 cents among the parts supplied by the plaintiff, and thereby, the defendant suffered a loss equivalent to KRW 7,788,000 (236 unit price x 33,00 won).

It is insufficient to recognize that there is any defect as alleged by the defendant in the above consensus delivered by the plaintiff to the defendant only with each of the descriptions of the evidence of Nos. 1 to 3 (including paper numbers), and there is no other evidence to acknowledge it.

Rather, according to the overall purport of Eul evidence 2 and the argument, all of the black boxes attached with the above permit are turned on, the coloring point is confirmed prior to the commencement of recording, the above black box's SD card is transferred to PC, and the CD of the black box attached with the above permit is replaced.

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