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(영문) 대전지방법원 2019.03.27 2018가단8283
물품대금
Text

1. The Defendant’s KRW 26,00,000 as well as the Plaintiff’s annual rate of KRW 6% from March 3, 2018 to March 26, 2018, and the following.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is an individual entrepreneur who produces and supplies paper and World Cup, etc. under the name of “C”. The Plaintiff, according to the Defendant’s order, supplied paper and World Cup to the Defendant several times from August 24, 2017 to March 2, 2018. 2) The remainder of the goods payment that the Defendant has not paid up to the date is KRW 30,93,120.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including virtual number), the purport of the whole pleadings

B. The Defendant is obligated to pay to the Plaintiff 26,00,000 won out of the remainder of the goods price and damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from March 3, 2018 to March 26, 2018, for which the Defendant received a duplicate of the instant complaint, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

2. Judgment on the defendant's assertion

A. As to this, the Defendant received paper cups from the Plaintiff and supplied them to coffee stores, etc. The Defendant asserted that there were defects such as drinking on paper cups supplied by the Plaintiff, and that the Defendant suffered enormous monetary loss, such as terminating a contract from the above businesses, and thus, the Plaintiff cannot respond to the Plaintiff’s request.

B. The defendant's assertion is rejected as there is no evidence to admit the defendant's argument.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.

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