logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.05.17 2016가합51911
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 159,007,585 to the Plaintiff (Counterclaim Defendant) and its amount from September 1, 2014 to May 17, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a company mainly engaged in the textile manufacturing business, and the defendant is a person who manufactures clothes and wholesale and retail business under the trade name of "B".

B. The Plaintiff entered into an original supply contract with the Defendant, and supplied the original unit to the Defendant from August 2012 to July 31, 2014, and the Defendant created and sold the original unit. The payment of the original unit was decided on the last day of the month following the date when the original unit was supplied.

As of July 31, 2014, the defendant's amount of the non-payment to the plaintiff is KRW 330,511,585.

C. On August 19, 2014, the Plaintiff received from the Defendant 4,521 worth KRW 97,724,00 (in total, KRW 61,226,00, KRW 1,783, KRW 36,498,000, KRW 1,783, and KRW 23780,00, KRW 121,50,000, KRW 1,500, and KRW 1,504,00 (hereinafter “instant acquired clothes”).

Of them, the Plaintiff sold 50,262,00 won 1,189 (per 2,3780,000 won) and 1,230 won (per 26,482,00 won per man, and total of 652 14,34,000 won per man, and 578 12,138,000 won per man, and deducted from the unpaid original amount, the Plaintiff sold 3,291 (per 71,242,000 won) and 1,230 won per man.

On December 12, 2014, the Defendant paid KRW 50 million to the Plaintiff as the amount of the original payment that was not paid.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion 1) The Plaintiff, upon receiving the instant acquisition intention from the Defendant, sold the Plaintiff, and agreed to cover the sales proceeds from the Plaintiff’s original purchase price. The Plaintiff sold all original hives and 1,230 hives of original hives, but the remainder 3,291 (71,242,00 won) was not the Defendant’s defect and defect.

Accordingly, the plaintiff remains remaining to the defendant from July 20, 2015.

arrow