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Reasons
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(영문) 의정부지방법원 2018.10.19 2018나205637
물품대금
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The parties' assertion

A. The Plaintiff supplied the main material to the Defendant. The amount of the unpaid goods by March 17, 2017 was KRW 2,473,210.

The Plaintiff supplied the Defendant with subsidiary materials equivalent to KRW 1,271,325 on March 21, 2017, and ancillary materials equivalent to KRW 1,258,675 on April 4, 2017.

Therefore, the unpaid goods amount is KRW 5,003,210 in total, and the Defendant paid KRW 1,000,000 on May 9, 2017. Thus, the Defendant is obligated to pay the remainder of the goods amount to the Plaintiff as well as damages for delay.

B. Defendant 1 supplied secondary materials from the Plaintiff by March 21, 2017, and was not supplied with secondary materials on April 4, 2017.

The defendant in the first instance court on March 17, 2017 and the same year.

4.4. Recognizing that all supplementary materials were not supplied, while recognizing the fact that they were supplied with secondary materials on March 17, 2017 at the trial, the same year;

4.4. The assertion was changed to deny only the supply of the subsidiary material.

Therefore, the unpaid amount of goods at the time of March 21, 2017 is KRW 3,744,535.

② As the Plaintiff’s secondary materials supplied on December 7, 2016 are inferior, the Defendant suffered damages of KRW 2,200,50 due to the defect (i.e., the amount returned from the defective originals) (i., KRW 1,600,500 additional labor cost of KRW 600,000).

Therefore, if the above amount of damages and the defendant deducteds the amount of KRW 1,138,00,000 paid on May 9, 2017 from the above amount of unpaid goods, the amount of the remaining amount of goods (= KRW 3,74,535 - KRW 2,200,500 - 1,000,000).

③ On May 9, 2017, the Plaintiff offsets the amount of unpaid goods to the Defendant and the amount of damages to the Defendant due to the defect of the above subsidiary materials, and settled that the remainder of the amount of the Defendant’s repayment was 1,473,210.

2. Determination

A. 1 The Plaintiff supplied the Defendant with subsidiary materials by March 17, 2017, the unpaid goods amounting to KRW 2,473,210, and the Plaintiff supplied the Defendant with subsidiary materials equivalent to KRW 1,271,325 on March 21, 2017.

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