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(영문) 수원지방법원 여주지원 2018.12.26 2018가합5880

물품대금

Text

1. The Defendant’s KRW 320,317,891 as well as the Plaintiff’s annual rate from June 28, 2018 to December 26, 2018.

Reasons

1. In the absence of dispute, the Plaintiff has sold or provided technical services to the Defendant with own and own own raw materials up to now, and the total amount of goods and services not paid by the Defendant reaches KRW 320,317,891.

2. According to the occurrence of the obligation to pay the Plaintiff the amount of KRW 320,317,891 in total, the Defendant is obligated to resist the scope of the obligation of the Defendant from June 28, 2018, which is the day following the delivery date of a copy of the complaint of this case, as the Plaintiff seeks, to the Plaintiff. As such, it is reasonable to resist the scope of the obligation of the Defendant as to the scope of the obligation of the payment (the Plaintiff alleged to be KRW 875,703,506 in the first place, and the Plaintiff asserted to be the offset against the Defendant, and the claim for the amount would be reduced by accepting the Defendant’s counterclaim) prescribed by the Commercial Act until the date of the adjudication (as of December 26, 2018) (as of December 26, 2018, the claim of this case is a claim

3. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remainder of the claim (part of the damages for delay) is dismissed as it is without merit.

However, in light of the fact that the defendant's defense of offsetting was accepted by the plaintiff and reduced the amount of the claim, the costs of the lawsuit are determined as being borne by each party.