물품대금
1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. The plaintiff is a person engaged in the business of importing and distributing synthetic resin and labels with trade name C, and the defendant is a person engaged in wholesale and retail business with regard to labels, etc.
B. On November 26, 2015, the Plaintiff agreed to supply Round (e.g., green light, size: 5m x 200m) 100 Rawls to KRW 7,488,00 (including value-added tax; hereinafter the same shall apply) at the supply price. On November 27, 2015, the Plaintiff received KRW 3 million as an advance payment from the Defendant on November 27, 2015.
C. On December 1, 2015, the Plaintiff agreed to supply Round (e.g., green light, size: 6m x 200m) 50,000 won at a supply price of 5.5 million won between the Defendant and the Defendant, and received KRW 2 million from the Defendant on the same day as an advance payment.
On December 30, 2015, according to each of the above agreements (hereinafter “instant agreement”), the Plaintiff supplied the Defendant each of the said Round (hereinafter “the instant Belgium”) to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2, 3, and 10, the purport of the whole pleadings
2. According to the above facts finding as to the claim on the main claim, the defendant is obligated to pay to the plaintiff the amount of 7,980,000 won (=total of 1,298,000 won (=total of 7,480,000 won) - total of 5,000,000 won for advance payment (=total of 3 million won) and damages for delay.
3. Determination as to the defendant's defense and counterclaim
A. The Defendant’s assertion that the Plaintiff supplied the Defendant with the instant Belgium in a color other than a green light, and the length of the instant Belgium does not exceed 200 meters under the instant contract.
Since the Plaintiff supplied defective goods to the Defendant, the Defendant rescinded the instant contract on this ground.
Therefore, there is no amount payable by the Defendant to the Plaintiff under the instant contract, and instead, the Plaintiff must return the advance payment of KRW 5 million to the Defendant.
(b).