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(영문) 서울남부지방법원 2016.09.07 2015가단222344

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 26,346,250 to the Plaintiff (Counterclaim Defendant) and its related amount from June 3, 2015 to July 10, 2015.

Reasons

I. The Plaintiff’s judgment on the cause of the Plaintiff’s principal claim refers to the converter that changes electricity into a position necessary for the occupation, etc. of LED lighting fixtures as follows from November 1, 2014 to June 2, 2015 at the request of the Defendant, at the request of the Defendant, from November 2, 2014 to June 2, 2015. On the contrary, the term “tever” refers to a device that convertss electricity into an exchange.

A total of 10,00,00 old BluveIC, POWERIC, Sc fL701MX, hereinafter referred to as “instant product” or “IC”), which enters the core component, is supplied with a total of 100,000 won, and the fact that the price of the goods was not paid KRW 26,346,250, out of the price of the goods does not conflict between the parties.

[See the first oral argument] Thus, barring any special circumstance, the defendant's damages for delay in relation to the price of goods is a "merchant" under the Commercial Act from June 3, 2015 to July 10, 2015, as the plaintiff seeks against the defendant from June 3, 2015 to the delivery date of a copy of the complaint of this case against the defendant, and thus, the "Commercial Act" rather than the Civil Act is applicable to the plaintiff.

The obligation to pay damages for delay calculated at the rate of 6% per annum and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

Ⅱ Judgment on the Defendant’s counterclaim

1. The summary of the Defendant’s assertion 0: (a) although the Plaintiff was liable to supply the Defendant with quality products of this case, which are not defective goods, the supply portion (total output Lot, P1424-25 (Lot) on October 2014 means the minimum production or ordering quantity planned by the manufacturer; and (b) “P1424-25 parking” means the minimum production or ordering quantity planned by the manufacturer; and (c) “P1424-25 parking” means 24-25 parking ( May 12, 2014) in the year 2014

5. 16.)에 생산된 제품을 말한다. )에서 엘이디 램프의 치명적인 결함인 ‘깜박임’ 불량을 유발시키는 부품을 공급함으로써 피고가 일본 고객인 엔도(Endo)사로부터 막대한 크레임 비용을...