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(영문) 창원지방법원 2019.07.09 2019가단103259
물품대금
Text

1. The Defendant’s KRW 12,275,316 as well as the Plaintiff’s KRW 15% per annum from August 25, 2018 to May 31, 2019.

Reasons

There is no dispute or comprehensively taking account of the purport of the entire pleadings in the statement Nos. 1 and 2, it can be acknowledged that there was a balance equivalent to KRW 32,275,316 as a result of the Plaintiff’s supply of the original materials of the signboard to the Defendant from the beginning of 2016 to May 31, 2018, and that the Plaintiff received reimbursement of KRW 20 million out of the price of the original materials of the signboard thereafter.

Therefore, barring special circumstances, the defendant is obligated to pay to the plaintiff the balance of the goods price of KRW 12,275,316 and damages for delay.

In this regard, the Defendant asserts that the Plaintiff’s supply of raw and secondary materials was immediately suspended in around 2018, and that the Defendant suffered damages, such as the price of supplied goods being less than KRW 23 million, due to the Defendant’s difficulties in the supply of signboards, etc., such damages should be deducted from the Plaintiff’s claim amount.

However, there is no evidence to acknowledge this, so the defendant's assertion of deduction is without merit.

Although the defendant argues that the amount of the claim should be reduced in consideration of the fact that the defendant faithfully repaid the claim according to the decision in lieu of conciliation in the Kim Sea trial court, the decision in lieu of conciliation in the Kim Sea court shall be invalidated by the plaintiff's objection, and the fact that the lawsuit in this case was brought about due to the plaintiff's objection is obvious to this court, and there is no room to assert the reduction of the

Therefore, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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