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(영문) 서울북부지방법원 2021.01.29 2019가단141965
물품대금
Text

1. The Defendant’s KRW 94,186,235 as well as the Plaintiff’s annual rate of 6% from September 5, 2020 to January 29, 2021.

Reasons

Facts of recognition

A. The Plaintiff is a company aimed at the manufacture of textile, wholesale and retail business, etc., and the Defendant is a company that aims at the manufacture of textile products and trade business.

B. The Plaintiff and the Defendant concluded a supply contract of the raw materials for clothing with the manufacturing company, etc. during several years, and requested the Plaintiff to supply the raw materials and parts of the raw materials to the Plaintiff, the Plaintiff has traded the form of supplying them.

(c)

The Plaintiff supplied the fiber yarn to the Defendant from September 2018 to September 2019, and did not receive the cost of production and sampling equivalent to USD 90,386.42, and the cost of production and sampling equivalent to KRW 17,315,149.

(d)

On the other hand, the defendant did not receive the price of goods equivalent to USD 13,356.12 from the trader due to the defect in part of the original unit supplied by the plaintiff, and the specific details are as listed below.

On April 17, 2019, USD 122.31, C, 122.38, D, 17 April 17, 2019, USD 512.38, 2019, E, 4,462, Jun. 28, 2019, USD 5,124.73, USD 3,134.70, and USD 13,356.12 [Grounds for recognition] of the Defendant’s management number (U.S.) as of the date of the final shipment, the fact that there is no dispute over USD 3,134.70, nor USD 13,356.12, 201, USD 1 through 5, and the purport of the entire pleadings.

2. Determination as to the cause of claim

A. According to the above facts, the defendant did not pay USD 90,386.42 to the plaintiff according to the above facts of recognition. Thus, the defendant is obligated to pay USD 77,030,030 to the plaintiff, barring special circumstances, deducting USD 13,356.12 from the above original amount due to the defect.

2) The defendant asserts that the defendant should deduct the above money because the plaintiff suffered losses from US$ 1991.80 for the first shipment from the defendant's trader due to defective defects in C Won supplied by the plaintiff.

In this regard, the plaintiff asserts that it was claimed after deducting the original amount from the original amount.

Domins, Gap evidence Nos. 1 and 7 (including branch numbers).

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