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(영문) 인천지방법원 2019.05.23 2017나69161
물품대금
Text

1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim extended by this court, is as follows.

Reasons

1. Determination as to the cause of the principal claim

A. Comprehensively taking account of the overall purport of pleadings as to the claim for the payment of goods: (a) the Plaintiff operates a manufacturer of plastic electrical and electronic parts with the trade name of “C”, and the Defendant operates a wholesale and retail business of cell parts with the trade name of “D”; (b) the Plaintiff supplied the Defendant with the goods, such as KRW 96,830,199 won in total to the Defendant from July 2015 to May 2016; (c) from October 6, 2015 to March 10, 2016, the Plaintiff supplied the goods, such as 4P contact KON at KRW 46,830,199 in total, to October 3, 2015, to March 10, 2016, to KRW 54,23879 in the name of “C; and (d) the Plaintiff supplied the goods to the Defendant from around 10, 2015 to around 10, 2016 to March 10, 2016.4.

The Plaintiff’s 37,596,320 won out of the balance of the goods supplied in the name of “D” (i.e., KRW 96,830,199 - KRW 54,233,879) to the Defendant (i.e., KRW 63,289,020 of the original claim amount and KRW 63,289,020 of the original claim amount are classified into “the cost of goods related to lubing and assembling business” and “H golding expenses.” In the process of distinguishing the amount of KRW 5,00,000,000, which was paid as advance payment of the gold penalty, from a mistake.

In addition, 8,092,700 won (i.e., KRW 11,184,024 - KRW 3,091,324), total of KRW 45,689,020 (i.e., KRW 37,596,320), and KRW 8,09,020). Since the Defendant does not dispute that the unpaid balance of the goods supplied by the Plaintiff is KRW 45,689,020, the Defendant is liable to pay the Plaintiff the unpaid balance of the goods and delay damages therefor.

B. As to the claim for a penalty surcharge, the Plaintiff is recognized. (A) On June 2015, the Plaintiff is the Defendant.

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