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(영문) 인천지방법원부천지원 2017.07.14 2016가단110620

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 47,265,525 to the Plaintiff (Counterclaim Defendant) and its related amount from May 4, 2016 to July 14, 2017.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The fact that the Plaintiff provided the Defendant with the title of KRW 185,640,480 in total from February 2016 to March 2016 is either a dispute between the parties, or that the Plaintiff received KRW 133,849,820 in the amount of goods from the Defendant on May 3, 2016. Thus, barring any other circumstance, the Defendant is obligated to pay the Plaintiff the amount of unpaid goods (i.e., KRW 185,640, KRW 13,849,820) and the amount of delay damages calculated on May 4, 2016 to the day after the due date (i.e., KRW 185,640, KRW 133,849,820) and the amount of delay damages calculated on May 16, 2016 to the day after the due date (i.e., the amount of delay damages calculated on May 4, 2016 to the day after the due date).

2. Determination on the defendant's defense of set-off and counterclaim

A. The defense and the counterclaim Defendant asserted that, since the Plaintiff borrowed KRW 114,863,63,635 from the Defendant, it offsets the remainder of the set-off against the amount of unpaid goods to the Defendant, the Plaintiff is obligated to pay the Defendant the amount of the remainder after the set-off as a counterclaim, as shown in the attached Table, and as to this, the Plaintiff, as shown in the attached Table, delivered the goods to the Defendant from December 26, 2012 to March 31, 2016, did not receive the payment, or delivered the goods at discounted amounts (No. 1 to 9) (No. 7,000 won, No. 15 annually, No. 10,338,500). Accordingly, the claim that the above amount of the Defendant’s loan should be extinguished.

On the other hand, the defendant was supplied with the discounted price of 50 million won from No. 10 to No. 14 with respect to the plaintiff's above side. Thus, the defendant's reflection of this is out of the amount claimed by the plaintiff.