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(영문) 수원지방법원여주지원 2016.12.01 2015가단21228

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) pays 3.7 million won to the Plaintiff (Counterclaim Defendant).

2. A claim filed by the defendant for a counterclaim.

Reasons

1. On January 11, 2014, the Plaintiff, who engages in the business of selling the meat of basic facts, sold the quantity of container 5,440 to the Defendant at KRW 86,400,000, and the intermediate payment of KRW 40,000,000,000 on the date of the contract, and the intermediate payment of KRW 40,000,000 on February 6, 2014, and the remainder of KRW 6,40,000,000 on February 15, 2014.

The defendant received the remainder excluding the top-down horse of 216 boxes from the plaintiff.

On March 11, 2014 and March 20, 2014, the Plaintiff sent to the Defendant a certificate of content, including a written demand to receive the remaining 216 boxes.

As the Defendant did not receive the amount of the container box 216, the Plaintiff disposed of it in amount of KRW 2.7 million on the other hand and received the price.

[Reasons for Recognition] Facts without dispute between the parties, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the claim of the principal lawsuit, the Defendant is obligated to pay KRW 3.7 million to the Plaintiff out of the sales proceeds of the Guro-gu in this case, unless there are special circumstances.

B. The defendant's defense and counterclaim claim is based on the following facts: the defendant purchased Go-Mama with the knowledge that Go-Mama had harvested in September 2013 and sold goods of poor quality by screening them with machinery; however, the Go-Mamama, which the plaintiff received from the plaintiff, did not have commercial characteristics due to poor quality, and thereby caused damage to the defendant; the defendant paid 86,40,000 won to the plaintiff (the defendant paid 80,000,000 won out of the above money, which also recognized the defendant; 34,922,140 won in total, 7,729,86,8635,29,285,209, after deducting the difference between the defendant's profits earned by selling Go-Mama in the first place in order to sell Go-Mama as his goods and the amount of damages suffered by the defendant.