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(영문) 서울중앙지방법원 2018.10.12 2017가합586456

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 26,579,374 to the Plaintiff (Counterclaim Defendant) and its amount from December 6, 2017 to October 12, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company with the objective of exporting and importing motor vehicles and motor vehicle-related parts. The Defendant is a company with the purpose of wholesale and retailing motor vehicles and related parts. 2) A is an individual entrepreneur who engages in trade good offices and trade business in the trade name of B.

B. On April 10, 2017, 18,094, 148, 148, 17, 11,750, 4543, 244, April 24, 2017, 10,134, 8615, 8615, 8615, 26, 111, 413, 6136, 15, 2017, 208, 364, 368, 368, 368, 884, 868, 884, 884, 884, 168, 205, 205, 165, 206, 197, 30.5, 205, 207, 205, 205, 197, 25, 2017

[Ground of recognition] Unsatisfy, entry of Gap evidence 3, purport of whole pleadings

2. According to the facts found in the judgment on the principal claim, the Defendant is obligated to pay the Plaintiff the above amount of KRW 182,267,039 and the damages for delay after June 1, 2017, as sought by the Plaintiff, as part of the supply date of each part.

3. Determination as to the defendant's counterclaim and counterclaim

A. The Defendant’s assertion 1) from September 2016 to November 28, 2016, the Defendant placed an order for parts of 242,183,676 won in total to the Plaintiff (the price for parts of 13th to 16th transaction was paid in full) and was not supplied by the Plaintiff.

As above, each of the above parts supply contracts was rescinded through the service of the defendant's official document or a copy of the counterclaim of this case on March 29, 2017, which contains the defendant's expression of intention of rescission on the grounds of delay of performance or non-performance of the plaintiff's obligation to supply parts.

Therefore, the Plaintiff’s restoration to the original state following the above cancellation amounting to KRW 242,183,676.