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(영문) 대구지방법원 2017.07.06 2016나305509
물품대금
Text

1. The defendant (Counterclaim) who exceeds the following money among the part concerning the main lawsuit of the judgment of the court of first instance.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company engaged in manufacturing and wholesale business, etc. with the trade name of “C”, and the Defendant is a company engaged in textile manufacturing and sales business.

B. On September 22, 2014, the Defendant notified the Plaintiff of the delivery to the original processing company E, requesting the delivery of the D Popon original body 9,700 Popon and the Ulsan Island 54,706 Popon original body.

C. Accordingly, on September 23, 2014, the Plaintiff: (a) released each original unit supplied by the Plaintiff from E to B/O (hereinafter “the instant original unit”) on September 24, 2014; and (b) completed the processing of B/O (the instant unit, if the Plaintiff combines each original unit, hereinafter “the instant unit”) from E.

The price paid by the Plaintiff is KRW 5,820,00 (i.e., KRW 9,700) (i.e., KRW 600) and the price paid by the Glindo’s original group is KRW 45,953,040 (i.e., KRW 54,706 x KRW 840).

On October 21, 2014, the Defendant did not pay the original amount, and on October 21, 2014, the Plaintiff sent to the Defendant a certificate of content that “if there is any defect in the original amount supplied by the Plaintiff, the Plaintiff returned to the Plaintiff by October 31, 2014, and if the return is not made, the Plaintiff would pay KRW 51,773,040 for the goods.”

On October 23, 2014, the defendant notified the plaintiff that "the plaintiff should pay processing fees paid to E and recover the original part of the processing fees." However, even though the defendant notified the plaintiff that "the plaintiff should return the original part of the processing fees paid to E", the defendant did not return the original part to the plaintiff up to now.

E. On the other hand, on September 26, 2014, the Defendant subrogated 22,00,000 won of annual feed liability, which was to be paid to F by reason of an agreement with the Plaintiff, instead of paying the above original amount.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 8 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence Nos. 1, 2 and 3, and testimony of witness G of the first instance trial;

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