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(영문) 대구지방법원서부지원 2020.09.22 2018가단13909
물품대금
Text

1. The Defendant’s KRW 68,296,150 for the Plaintiff and 6% per annum from November 10, 2018 to February 25, 2019.

Reasons

Facts of recognition

The plaintiff is a company that manufactures main products, and the defendant is a person who manufactures main products under the trade name of "C".

From April 4, 2018 to August 20, 2018, the Plaintiff, at the request of the Defendant, carried out from the Defendant due to the defect of materials, etc. in an amount equivalent to KRW 171,847,501 (hereinafter “instant goods”) during the pertinent period, shall be excluded.

The price of the above release is not included in the scope of the claim of this case.

B supplied the goods, and the Defendant paid the total amount of KRW 86 million to the Plaintiff from April 20, 2018 to November 9, 2018.

Meanwhile, the Plaintiff is a person who is entitled to deduct the said money from the price of goods to be paid by the Defendant, on the ground that there was a defect in the goods equivalent to KRW 11,551,350 among goods taken out from the Defendant from October 22, 2018 to May 16, 2019 (see the fourth pleading protocol dated February 4, 2020), and the Plaintiff is also entitled to deduct KRW 6 million from the amount of money paid in advance by the Defendant.

(See 17,51,350 won (i.e., KRW 17,51,51,50 (= KRW 11,551,350 won), which is the remainder of 68,296,151 won (i.e., KRW 85,847,501), which is the remainder of 17,847,50 won (i.e., KRW 171,847,501 - KRW 86,500), which is the subject of the Plaintiff’s deduction as requested by the Plaintiff, is without dispute. According to the above facts finding as stated in Gap’s Evidence Nos. 1 through 7,100 (including each number), the Defendant is obligated to pay 68,296,151 won (i.e., KRW 85,847,501 - KRW 17,51,350), which is the annual interest rate of KRW 296,150,218.

The defendant, among the goods of this case, has defective goods in addition to the goods that the plaintiff recognized defects, and such goods are the plaintiff.

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