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Reasons
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(영문) 수원지방법원 안산지원 2018.11.28 2017가단11933
임가공비
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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 2,051,989 against the Plaintiff (Counterclaim Defendant) and its related amount from July 20, 2017 to November 28, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. A. On June 2016, the Plaintiff and the Defendant provided a black part, etc. from the Defendant and assembled them, and supplied them to the Defendant and entered into a goods supply contract (hereinafter “instant contract”) with the content that: (a) if there is a defect, the Plaintiff supplied them to the company designated by the Defendant; and (b) assembled and supplies them until April 2017; and (c) issued a tax invoice with the value of supply and tax amount of KRW 31,561,420 on March 31, 2017, and KRW 54,218,340 on April 30, 2017, and KRW 4,085,510 on June 1, 2017.

B. On June 1, 2017, the Defendant paid KRW 10,000,000 to the Plaintiff, respectively, and KRW 24,604,305 on July 3, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 7, 8, Eul evidence Nos. 1, 2, 3 and 6 (including provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff, as to the claim of the principal lawsuit, seeks payment of KRW 55,260,965, and damages for delay, remaining after deducting KRW 34,604,305, which the Defendant received from the Defendant from the total amount of KRW 89,865,270, which is the sum of the amount issued of each of the said tax invoices.

The plaintiff delivered goods equivalent to the issue amount of the tax invoice issued on March 31, 2017 and April 30, 2017 to the defendant is not a dispute between the parties.

However, as to whether the Plaintiff supplied goods equivalent to the issue amount of the tax invoice issued as of June 1, 2017 to the Defendant, the following facts are revealed: (a) the public notice sent by the Defendant to the Plaintiff on June 19, 2017, that the Defendant would pay for the remainder of March and the end of April, 2017; and (b) the Plaintiff requested the settlement of the issue amount of each tax invoice issued as of March 31, 2017 and April 30, respectively.

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