손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The plaintiff's second preliminary claim added to the trial prior to remand is dismissed.
3...
1. On the ground that the judgment of the court of first instance is based, paragraph (1)
(a).
Since it is the same as a partial entry, it is accepted by the main text of Article 420 of the Civil Procedure Act.
2. Determination on the first preliminary claim
A. The Plaintiff A is obligated to pay the Plaintiff the full face value of each of the Promissory Notes to the Plaintiff on the due date under the instant discount agreement, and the Plaintiff did not pay KRW 392,539,610 among them.
B) Meanwhile, while paying a discount on the bill to A in accordance with the bill discount agreement with A, the Defendant unfairly deducteds KRW 35,634,00 and KRW 145,445,615 from the Defendant’s claim for the purchase price of goods against D and the purchase price of goods against D. Furthermore, the Defendant’s delivery of the purchase price of goods by C as the payment for the purchase price of goods by the Defendant was made by C, and the Defendant’s payment for the purchase price of goods by the purchase price of goods, the Defendant is a non-paid
(C) Accordingly, the Defendant has continuously changed the Plaintiff’s assertion on the amount of an unreasonably deducted discount of KRW 356,079,615 (=145,445,615 KRW 175,000), which is the aggregate of KRW 175,615,00,00 which is unfairly deducted from the discount amount of the bill, on behalf of the issuing bill. Accordingly, the Defendant’s assertion on the amount of an unreasonably deducted discount of KRW 356,079,615,000 is determined based on the claim in the preparatory brief dated 22, 2015.
A is not insolvent, and A is obligated to pay 200 million won and damages for delay as part of the above 356,079,615 won to the Plaintiff who subrogated A.
2) Defendant A) The Defendant supplied building materials to C and D actually operated by A, whose representative director is A and A, and did not receive part of the goods price.
B. Accordingly, the Defendant agreed to deduct the Defendant’s claim for the price of goods against C and D when paying the discounted amount of the bill in accordance with the bill discount agreement with A. In addition, the Defendant agreed to deduct the amount from the discounted amount of the bill even in relation to the non-payment of the bill issued by the Defendant in return for the payment of the price of goods from C. In addition, the amount is deducted from the discounted amount of the bill.