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(영문) 의정부지방법원 2018.07.19 2016가단21681
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 23,573,400 and its amount from November 4, 2016.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. The pertinent Plaintiff is engaged in the business of manufacturing bedclothess, etc. with the trade name of “D” and the Defendants’ husband and wife are engaged in trade business, such as bedclothess, kitchen supplies, etc., with the trade name of “E”.

B. From 2013, the Plaintiff supplied bedclothess to the Defendants and received value-added tax amounting to KRW 2,132,600 on October 6, 2014 (hereinafter “instant supply contract”). On October 6, 2014, the Plaintiff entered into a contract to supply bedclothess equivalent to KRW 83,128,000 (excluding value-added tax) with the Defendants (hereinafter “instant supply contract”). By November 4, 2014, the Plaintiff supplied the Defendants with the instant bedclothes products, such as flick, blick, blick, etc.

(2) The Defendants paid to the Plaintiff KRW 30,000,000 on the day of the contract, KRW 30,000 on December 29, 2014, and KRW 10,000 on February 17, 2015, respectively, for the goods of bedclothes supplied by the Plaintiff.

[Judgment of the court below] Facts without dispute, Gap's evidence of subparagraphs 1 through 5, and the purport of the whole pleadings

2. The Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 13,128,00 and value-added tax of KRW 10,445,40 (=2,132,600) plus KRW 23,573,400, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from November 4, 2016 to the date of delivery of a copy of the main text of this case sought by the Plaintiff after the date of supply of bedclothes.

3. Judgment on a counterclaim

A. The Defendants asserted 1) The Defendants are the U.S. local corporation (G; hereinafter “G”) operated by Defendant B’s mother on three occasions by sea transportation from November 14, 2014 to December 1, 2014, with the instant bedclothes supplied by the Plaintiff.

sent to it.

However, the following defects were found as a result of the receipt of bedclothes around December 2014 in G.

① In other words, the blothes of this case are textile.

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