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(영문) 부산지방법원 2020.01.10 2018나57285
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The judgment on the cause of the claim is a company that manufactures plastic language, door mold, etc., and the defendant is a person F with windows, etc., with the trade name of F, and the fact that the price of goods for which the plaintiff was not paid by April 27, 2016 supplied the defendant with windows, door trusses, etc. is equivalent to 140,33,01, the fact that the price of goods for which the plaintiff was not paid by April 27, 201 is equivalent to 140,33,01 can be acknowledged by taking into account the respective descriptions of evidence A 1-

According to the above facts, the defendant is obligated to pay 43,818,01 won after deducting 96,515,000 won from the above 140,333,011 won (i.e., 140,33,011 won - 96,515,000 won) and damages for delay calculated at each rate of 15% per annum under the Commercial Act from February 14, 2017 to September 6, 2018, the date following the delivery of a copy of the complaint of this case, which is the date following the delivery of the copy of the complaint of this case, to dispute the existence or scope of the defendant's obligation.

2. Judgment on the defendant's assertion

A. The Plaintiff and the Defendant agreed to return to the Plaintiff any door mold and even door, which the Defendant kept on August 20, 2013, to the effect that the Plaintiff and the Defendant returned to the Plaintiff. In accordance with the aforementioned agreement, the Defendant intended to return all of the inventory mold and door amounting to KRW 27,316,468, by inserting KRW 750,000 from September 30, 2013, and returning the same to the Defendant. However, the Plaintiff requested the Defendant to return it again to the Defendant, and to keep the goods in custody, and paid the storage fee of KRW 50,000 per month. Accordingly, the Plaintiff did not have to first pay the amount to the Plaintiff the remainder of the storage fee from September 30, 2013 to September 30, to September 2013 (i.e., KRW 27,316,468, and KRW 750,500,000,000).

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