물품대금등
1. All appeals filed by the Defendant (Counterclaim Plaintiff) and incidental appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. An objection to the trial;
1. Basic facts
A. The Plaintiff is a company engaged in the manufacture and wholesale and retail business of interior households, and the Defendant is a person engaged in the business of manufacturing office households, etc. under the trade name of “C”.
B. On August 7, 2014, the Defendant entered into a contract for the supply of goods with the content that the Defendant is to supply and install for the hotel E the goods, such as lishing lishing lishing and 14 items, and to receive KRW 5368 million (including value-added tax; hereinafter the same shall apply) with the price for the supply of goods.
C. However, the above contract was concluded by G, who is the actual operator of the plaintiff, to conduct business in the name of the defendant. The plaintiff and the defendant have different opinions in the unit price, etc. of the goods to be supplied, and the lease among the goods to be supplied, among the goods to be supplied, was supplied to the plaintiff by the defendant, such as Alpha, bed, TV, cremation, cremation, clothes, blocks, blocks, etc., but the defendant, the plaintiff and the plaintiff are responsible for the installation of the contract, and the defendant are paid KRW 88 million for Alpha, and the defendant is paid KRW 312,460,50 for the goods price.
The hotel E supplied the above goods, etc. and paid 536.8 million won to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The plaintiff's assertion of the parties: 536,39,500 won remaining after deducting the amount of KRW 88,000,000 for goods against Alpha Co., Ltd. and the amount of KRW 312,460,50 for goods against the defendant, among the amount of KRW 58,000,000 for goods received by the defendant from F.
However, even though the Defendant received all of KRW 536,80,000 from F, it did not pay a total of KRW 17,008,765 out of the above amount to be paid by the Plaintiff. Thus, the Defendant is liable to pay the Plaintiff the above KRW 17,008,765 and its delay damages.
In addition, due to the plaintiff's mistake, it was caused by the replacement of the cremation board.