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(영문) 수원지방법원 2018.09.18 2017나18603
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 assertion and judgment

A. The Plaintiff sought payment of KRW 4,068,350 from November 2016 to December 2, 2016, which was not paid by the Defendant, and this is examined.

B. From November 7, 2016 to December 21, 2016, the Plaintiff supplied the Defendant with the total amount of KRW 41,828,60 (including additional taxes; hereinafter the same shall apply) other than the goods, and the Defendant paid the Plaintiff totaling KRW 37,760,250 (= KRW 37,400,000) to the Plaintiff on March 31, 2017 and June 16, 2017, the fact that the Plaintiff paid the price for the said goods does not conflict between the parties, or can be recognized by the respective entries in subparagraphs 1 through 7, and the entire purport of pleadings.

C. Therefore, the Defendant is obligated to pay to the Plaintiff 4,068,350 won (=41,828,600 won - 37,760,250 won) and 15% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which the Plaintiff seeks from June 16, 2017 to the date of full payment.

As to this, the Defendant, the Plaintiff, and the Plaintiff.

In the course of supplying goods as stated in a port, the plaintiff supplied samples and goods that do not meet the standard without consultation with the defendant. The plaintiff asserted that the amount claimed by the plaintiff is merely an additional cost required for the plaintiff to produce goods that meet the standard and that the defendant is not obligated to pay it to the defendant. However, the plaintiff's burden of proving defects in the goods supplied by the plaintiff exists to the defendant. The defendant issued the order by determining the standard, unit, quantity, unit, unit price, and unit price to the plaintiff on October 12, 2016. The plaintiff appears to have completed the agreement on the standard of goods to be supplied by the plaintiff and the defendant before the issuance of the above order.

The electronic tax invoices on the goods mentioned in the claim were issued to the defendant, and the defendant's products were issued to the defendant from the defendant's customer.

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