beta
(영문) 울산지방법원 2020.06.24 2019가합414

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) the amount of KRW 285,327,067 and the amount of KRW 285,327,067 from August 29, 2019.

Reasons

The principal lawsuit and counterclaim shall be deemed all at once.

1. Basic facts

A. The Plaintiff is a company that manufactures and sells food, such as two parts, and the Defendant is a person who supplies two parts supplied with the trade name “C” to D Co., Ltd. (hereinafter “D”).

B. From October 2017 to September 2018, the Plaintiff prepared and submitted to the Defendant an analysis report on the Creativity, such as the deterioration of two parts of goods, labelling of labels, etc. Around September 17, 2018, the Defendant prepared a written undertaking to strengthen the water management with the purport that the Defendant will assume responsibility for the occurrence of a problem, such as the occurrence of an interest, to the two parts supplied to D, and submitted it to D.

C. On August 31, 2018, the Defendant supplied two parts of the goods supplied by the Plaintiff to the D followed Center and the D Kimhae Center respectively. The Plaintiff demanded that the Defendant “the procedures to terminate the transaction with D followed Center” on the ground that “the order volume of the two parts supplied to D continues to decrease, making business difficulties.” On September 24, 2018, the Defendant did not supply two parts of the goods to D followed the D Obstruction Center, and thereafter, the transaction with D Kimhae Center was terminated.

Meanwhile, the Plaintiff supplied double products to the Defendant from May 2003 to February 2019. The Defendant did not pay to the Plaintiff a total of KRW 285,327,067.

E. On March 19, 2019, the Defendant reported the closure of business “C” in the Yangsan Tax Office.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts, according to the judgment on the principal claim, the Defendant’s lawsuit promotion, etc. from August 29, 2019 to the day of full payment following the delivery of the copy of the application for modification of the purport of the instant claim and the cause of the claim, as sought by the Plaintiff, to the Plaintiff of the amount of KRW 285,327,067, which is not paid to the Plaintiff.