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(영문) 대구지방법원 2017.10.20 2016가단1714

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 56,162,222 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from January 1, 2016 to November 15, 2016.

Reasons

1. Basic facts

A. The Plaintiff (Counterclaim Defendant; hereinafter only referred to as the Plaintiff) is engaged in wholesale and retail business of various glass, and the Defendant (Counterclaim Plaintiff; hereinafter referred to as the Defendant; hereinafter referred to as the “Defendant”).

B. The Plaintiff supplied Nonparty C with a glass product from January 2014 to December 7, 2015, which was produced and supplied by the Defendant to Nonparty C at the construction site. However, upon the payment of the said C’s default, the Plaintiff traded directly favorable products with the Defendant from January 2014 to December 2015.

C. Some of the Plaintiff supplied favorable products to the Defendant in the form of glass (supply of windows). According to the calculation method in accordance with the formula of “(Ga)/9.9189”, which is the formula of “(Ga)”, “(Ga)/9.9189,” in relation to glass, a person with a width of 30 cm, namely, “the Ceiling/ Ceiling Calculation Act,” in which the price was calculated by the method of calculating 15 cm to 30 cm and 15 cm to 30 cm to 15 cm, and accordingly, a person has claimed the payment to the Defendant.

From January 6, 2014 to December 7, 2016, the Plaintiff continuously supplied favorable products to the Defendant’s construction site. The Defendant paid some of the purchase price at any time during the pertinent transaction period, such as paying the purchase price of KRW 720,000 on February 5, 2014. On November 30, 2015, the transaction price which was not paid out of the cumulative transaction price as of November 30, 2015 is KRW 56,162,222.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 2 and 4, and purport of whole pleadings

2. Chief;

A. The defendant's main claim is based on facts D.

As seen in this paragraph, 56,162,222 won is not paid out of the price of glass products supplied by the Plaintiff.

Therefore, the payment of money, such as the statement of claim, is sought.

B. The method of calculating the price of the glass product for the counterclaim claim 1 is, as seen in the facts based on the basis, “political Calculation Act” and “the Ceiling/the Ceiling Calculation Act”. The “political Accounting Act” are ordinarily the calculation method that minimizess the loss rate.