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(영문) 서울중앙지방법원 2017.06.22 2016가단59578

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 19,987,500 to the Plaintiff (Counterclaim Defendant) and its related amount from May 20, 2016 to June 22, 2017.

Reasons

1. Facts of recognition;

A. On March 14, 2016, the Plaintiff entered into a supply contract with the Defendant for KRW 10,000 (1,950 per unit) of Boan Social Biosn Co., Ltd. (1,950 won per unit), and supplied KRW 9,750,000 (50% of the supply price) on the same day, and supplied KRW 10,000 on March 31, 2016.

On April 19, 2016, the Plaintiff received a claim from the Defendant to the effect that the Defendant’s penture differs, and additionally supplied 10,000 the pentle on April 19, 2016.

B. On March 2, 2016, the Plaintiff entered into a contract with the Defendant for the supply of KRW 8,50 (1,950 per 1,950 per 1,950 per 1,950 per 1,00 per 2,00 won per 8,287,50 (50 per 50% of the supply price) and supplied KRW 8,50 on April 6, 2016.

C. On March 25, 2016, the Plaintiff and the Defendant, one tax accounting corporation, concluded a supply contract of 1,000 won (1,950 won per unit) and supplied 1,000 pents.

On May 2016, the Defendant received 18,500 payment from Puden Social Life Insurance Co., Ltd. in accordance with the agreement.

E. On November 10, 2016, Plaintiff’s Plaintiff’s legal representative stated that “The delivery of the product with a color different from the original color is consistent with the Defendant’s delivery, and the product should not have any defect in the product.”

[Evidence] Facts without dispute, Gap 1-4, Eul 1-7, the purport of the whole pleadings

2. Main elements;

A. According to the facts as seen earlier and each evidence, 19,500 tax accounting corporations (18,500 one tax accounting corporation, 18,500 social life insurance company) are 19,500 others except the defective products supplied by the Plaintiff to the Defendant.

Unless special circumstances exist, the Defendant is obligated to pay to the Plaintiff the remainder of 19,987,50 won (19,500 won x 1,950 won - advance payment - KRW 9,750,000 - advance payment 8,287,500) and damages for delay.

B. The Defendant asserts that the Plaintiff renounced the claim for the waiver of the Defendant’s claim, one of which is the tax accounting corporation’s personal property, pentle 1,000.

The above argument is consistent with the above argument.