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(영문) 서울중앙지방법원 2021.01.15 2018가합2528

매매대금 청구의 소

Text

Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 281,979,482 as well as full payment from April 20, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff related to the party (Counterclaim Defendant; hereinafter “Plaintiff”) is a company that manufactures, leases, sells, repairs, etc. a reproduction machine, etc., and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is a company that engages in advertising planning, design, printing, etc.

B. 1) On May 19, 2017, the Defendant entered into a contract with the Plaintiff for the supply of 115,500,000 won per each of the supply prices of 115,50,000 won for the instant supply contract (hereinafter “instant supply contract”) with the purpose of using it for participating in the tendering procedure for tobacco advertising advertising as publicly notified by C, and the Defendant paid 5,775,000 won for the first machine (Provided, That the Defendant revoked options equivalent to 77,000 won for the first machine after the conclusion of the said contract, and thus the actual purchase price for 1st machine became KRW 15,423,000 for the first machine (hereinafter “the actual purchase price”).

A evidence No. 2-1 electronic tax invoice 2) The Plaintiff supplied and installed the Defendant, May 25, 2017, and 2 heading around July 2017, respectively.

(c)

1) The Plaintiff and the Defendant complained against the Plaintiff for damages caused by the phenomenon that the Defendant did not enjoy the 1st century. Accordingly, on September 11, 2017, the Plaintiff and the Defendant drafted the following agreements (hereinafter “the instant agreement”) with the main contents that: (a) compensate the Plaintiff for partial damages; and (b) the Defendant shall pay the unpaid 1, 2, and the cost of supplying the consumable goods:

Until September 15, 2017, the Plaintiff provided the Defendant with 349 CYK Kk K (hereinafter referred to as “consumable goods”) equivalent to 41,839,03 won, and the Defendant pays 22,616,000 won to D and the Defendant pays 920,000 won to E by September 15, 2017.

With respect to the reasons why the plaintiff provides the consumed items in the preceding paragraph to the defendant, it is a failure of the first string that the plaintiff sold to the defendant on May 2017.