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(영문) 대전지방법원 2021.01.21 2019나122453

물품대금

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

The costs of appeal shall be the principal lawsuit and the counterclaim.

Reasons

1. Determination on the main claim

A. According to the purport of Gap evidence Nos. 1 and 2 and the purport of the whole theory, the plaintiff supplied 101,641,100 to the defendant from November 27, 2014 to August 6, 2018, and the total amount of the supplied price is 101,641,100, and the defendant paid 83,551,600,000 won, and the remaining 18,089,500 won is not paid. Thus, the defendant is obligated to pay to the plaintiff at the rate of 18,089,500 per annum from the day following the month of the delivery of the payment order to February 16, 2019 to May 31, 2019, Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 2581, Dec. 16, 2019).

2. The defendant's defense and counterclaim claim are identical to the defendant's defense and counterclaim claim. Thus, the defendant's defense and counterclaim claim are identical.

A. The summary of the Defendant’s assertion changed the containers (bag) containing the fire fighting unit supplied by the Plaintiff to the Defendant without permission, and the altered containers (bag) made an agreement with the Defendant on the part of the Plaintiff, with only little flexibility, and the volume was written.

1. The fire fighting unit of 1 cubic metres in cubic metres is not able to contain the fire fighting unit of 1 cubic metres, and as a result, the volume of the same unit supplied decreased by approximately 20%, the Defendant is not obliged to pay to the Plaintiff. Rather, the Plaintiff is required to return the payment to the Defendant in excess of the insufficient supply volume.

B. According to the video of the witness C of the first instance trial and the evidence No. 10 of the witness C of the first instance trial, the Plaintiff and the Defendant are the Defendant during their transactions.