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(영문) 서울동부지방법원 2017.07.14 2016가단35568
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 38,628,50 and the interest rate of KRW 15% per annum from October 5, 2016 to the day of complete payment.

Reasons

1. If the purport of the entire pleadings is added to each of the statements in Gap evidence Nos. 1 through 6 (including each number), the plaintiff entered into an original supply contract with the defendant around August 2015, and according to the contract, the plaintiff supplied the original set of KRW 28,96,500 to the defendant around August 2015, and the original set of KRW 19,62,000 to the defendant around October 2015, and the defendant agreed to pay the price by the end of the month in which the plaintiff supplied the plaintiff, and the plaintiff is paid KRW 10,00,000 out of the above original set of KRW 10,000 to the plaintiff.

According to the above facts, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 38,628,50 (=28,96,500 won - 19,662,000 won - 10,000 won) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 5, 2015 to the day of full payment, as sought by the Plaintiff, as the payment date.

2. The defendant's defense should be supplied to the plaintiff with a weight of 340g, but did not sell it on the wind to supply a weight of 320g, and the defendant promised to supply the original unit of 10,000 g, thereby causing damage to the plaintiff, and thus, the defendant's defense against the plaintiff's damage claim against the plaintiff is offset against the plaintiff's claim for the price of the goods. However, there is no evidence to acknowledge the defendant's assertion, and the above defense is without merit.

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

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