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(영문) 대구고등법원 2017.10.20 2017나163

물품대금

Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 187,691,491.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in the business of manufacturing chemical parts, such as chemical parts, such as the atomics located in industry, and the Defendant is a company that engages in the business of manufacturing electronic components, such as the absorption of electromagnetic waves.

B. The Plaintiff entered into a contract with the Defendant to manufacture and supply the original body ordered by the Defendant, and supplied the Defendant with the original body located in various industrial sectors from June 2014 to August 2015.

The Defendant manufactured the electromagnetic shields through the process of processing, such as minating nitroel in the surface of the atomics supplied by the Plaintiff, and sold them to the customers.

The process that the Defendant renders gold on the surface of the original unit is carried out in the order of sloping, mountain dust, preliminary sediment, promotion, activation, primary nitroklym gold, copper gold, secondary nitroklyklym gold, drying, inspection and over-the-counter trading, and most of these processes are carried out through automated equipment.

C. From June 2015 to August 2015, the Plaintiff supplied the Defendant a total of KRW 497,691,491 (i.e., June 2015, KRW 138,957,720, Jul. 215, 2015, KRW 215,516,686, Aug. 14, 2015).

As of September 1, 2015, the Defendant paid the Plaintiff KRW 280,000,000 as the supply price and KRW 200,000,000 as of October 6, 2015 (=80,000,000 + KRW 200,000).

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, the result of the on-site inspection by the first instance court, the result of the defect appraisal by the appraiser A by the first instance court, the testimony by the witness B, and the purport of the whole pleadings

2. Part of the principal claim (Partial citement);

A. As seen earlier, the Plaintiff supplied the Defendant with a set of KRW 497,691,491, and received only KRW 280,000,00 from the Defendant, and thus, the Defendant is obligated to pay the remainder of the original amount (=the above KRW 497,691,491 - the above KRW 280,000) and delay damages therefrom to the Plaintiff.

B. Judgment on the Defendant’s assertion of non-disposition (a) is made by the Defendant.