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(영문) 창원지방법원 2018.10.18 2018나507

물품대금

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

Basic Facts

The plaintiff is a person who operates the manufacturing business under the trade name of C, and the defendant is a person who operates the manufacturing business of automobile used parts, etc. under the trade name of D, and the plaintiff produced and supplied automobile parts to the defendant with gold type (SH2014 1 to 4) supplied by the defendant.

On September 30, 2015, the Plaintiff produced SH2014-2, etc., which is a motor vehicle part, and supplied 14,99,270 won (i.e., KRW 7,040,000) in total, KRW 7,040,00 on September 30, 2015, and KRW 14,99,270 on December 28, 2015 (i.e., KRW 7,040,000), and the Defendant paid the amount of KRW 12,040,00 as the price for the goods (i.e., KRW 7,040,000 on March 30, 2016).

[Reasons for recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the plaintiff's judgment as to the ground for the claim of the principal lawsuit as to the whole purport of the pleadings supplied goods equivalent to 14,99,270 won on September 30, 2015 and December 28, 2015, and the defendant is obligated to pay to the plaintiff 2,959,270 won (=14,99,270 won - 12,040 won - 12,000 won - 70 won per annum of the judgment of the court of first instance as to the existence or absence of the above evidence No. 14,750 won (hereinafter "the above agreement of the court of first instance") and damages for delay. According to the above evidence No. 3 and the whole purport of the pleading, the plaintiff and the defendant can be found to have paid the plaintiff 70% amount of the goods which the defendant had to pay to the plaintiff on March 23, 2016.

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