beta
(영문) 부산고등법원 2016.01.20 2015나1970

물품대금

Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following order to pay.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The reasons why the court should explain this part of the basic facts are cited by the main text of Article 420 of the Civil Procedure Act, except that the second part of the judgment of the court of first instance states “209.” as “202.” is the corresponding part of the reasons for the judgment of the court of first instance.

2. The parties' assertion

A. The reasoning for the court’s explanation on this part is that the reasoning for the judgment of the court of first instance is the same as that for the corresponding part of the reasoning for the judgment of the court of first instance.

B. Defendant 1) recognized the Plaintiff’s unpaid amount of KRW 699,604,884 as the Plaintiff’s unpaid amount of KRW 580,00,00. However, following the resolution of the board of directors, the Plaintiff settled this fact and decided to claim against the Defendant only KRW 190,000,000, out of the payment amount of the goods to be paid, and waived the Defendant’s claim for the payment of the goods exceeding the above amount or exempted the Defendant from its obligation to pay the said amount. Accordingly, the Plaintiff cannot claim payment of the goods exceeding the above KRW 190,00,000. (2) Accordingly, the Defendant’s delivery of the instant counterclaim and the preparatory document on October 24, 2013, offset the Plaintiff’s unpaid goods payment claim against the Defendant, and the Defendant withdrawn the claim for return of unjust enrichment due to the breach of the supply price agreement of the goods at the trial.

(1) The claims equivalent to the mechanical proceeds of KRW 568,431,764 under the following subparagraphs, the claims equivalent to the mechanical proceeds of KRW 32,40,00 among the claims, the claims equivalent to the mechanical proceeds of KRW 167,083,434 among the claims, and the claims equivalent to the mechanical proceeds of KRW 167,083,434 among the claims for re-purchases under the following subparagraphs shall be appropriated offset in the order of KRW

The defendant set-off as above. (2) Since the claim equivalent to the mechanical price of KRW 167,083,434 out of the claim and the claim for re-purchase amount of KRW 3,000 out of the claim remain, the defendant shall set-off against the plaintiff, which is part of which, as a counterclaim, 200,000 and delay damages.