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(영문) 수원지방법원 2017.11.23 2017나64187
납품대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. A (hereinafter “A”) around September 201, 201 supplied the Defendant operating the “D” three times of figures equivalent to KRW 25,245,000, and received KRW 6,300,000 out of the price of the goods in cash.

B. A was declared bankrupt on March 10, 2015 by Suwon District Court 2015Hahap1004, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is obligated to pay 18,945,000 won (25,245,000 won - 6,300,000 won) in the balance of the three regular supply price of Srarain to the plaintiff.

B. The Defendant asserted that the Defendant entered into a contract for the design and manufacture of ERE (Elemon Relapy Enhhance and solar batteries to enhance the energy efficiency of the solar batteries; hereinafter “Electronic transmission increase period”) over five occasions from November 2012 to April 2013, and accordingly, supplied the Plaintiff with the increased electronic transmission devices designed and produced by the Defendant.

The Defendant acquired the claim for the design and production cost of KRW 24,400,000 ( KRW 15,400,000 for the second contract price of KRW 9,000 for the second contract) in accordance with the first and second contracts among the above design and production contracts. According to the agreement with the Plaintiff, only KRW 6,00,000 for the remainder of KRW 18,40,000,000 for the first contract was paid in reality according to the agreement with the Plaintiff, and the remainder of KRW 18,40,000 for the second contract against the Plaintiff was set off against the third regular supply price of the Plaintiff.

Accordingly, all of the plaintiff's claim for the price of goods was extinguished.

3. Determination

A. According to the above facts, according to the judgment on the cause of the claim, the defendant is obligated to pay the plaintiff 18,945,000 won and delay damages therefor.

B. The following facts regarding the Defendant’s assertion are either not disputed or recognized by the statements in the evidence Nos. 2, 3, 4, 5, 6, 7, and 14 (including serial numbers).

① The Plaintiff and the Defendant enter into a contract for the design and production of the electronic transmission increasing machine on November 13, 2012 and December 18, 2012.

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