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(영문) 수원지방법원 2015.03.26 2014나3891

매매대금

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a person engaged in the wholesale and retail business of electronic parts and products with the trade name of “B,” and the Defendant is a corporation engaged in the manufacturing and retail business of medical and sports equipment.

B. From March 2008 to September 20 of the same year, the Plaintiff supplied the Defendant with a total of KRW 65,000 for 57,471,700. Of the total amount of KRW 57,471,700 from the Defendant, the Plaintiff received KRW 21,50,000 in total from the Plaintiff’s personal account up to September 5, 2008, and thereafter received KRW 20,200,700 in total from the Plaintiff’s personal account until September 14, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Gap evidence 2, Eul evidence 7-1 to 8, the purport of whole pleadings

2. Judgment on the parties' arguments

A. According to the above facts finding as to the cause of the principal claim, the Defendant is obligated to pay to the Plaintiff the unpaid amount of KRW 15,771,700 (=57,471,700 - 41,700,000) and damages for delay calculated at the rate of 20% per annum from February 2, 2013 to the date of complete payment, which is the day following the day of service of the original copy of the instant payment order, sought by the Plaintiff.

B. The defendant's assertion 1) The defendant produced and sold Raddd's part supplied by the plaintiff to the plaintiff, which led to the defect of the above parts, and the defendant returned approximately 4,00 Rad' Rad' 11,108 to the plaintiff on March 208, and delivered them again to each agency by replacing all defective Rad' 11,108 with domestic parts. Accordingly, the defendant suffered damages equivalent to 30,216,000 won (=4,000 x 11,108 x 2,000 won per Rad' Rad' 1).

B. In addition, the plaintiff around March 2009, "Ma-gu father C.