(영문) 수원지방법원 2018.07.04 2017나2127 | 리걸엔진

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자간(%)

(영문) 수원지방법원 2018.07.04 2017나2127

물품대금

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1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. Any counterclaim filed by this court.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Judgment on the main lawsuit

A. Basic facts 1) The Defendant sells the original and the processed goods of electronic plastic bags used in the electronic equipment package. The Plaintiff is a specialized company that sells the processed goods of the original and the processed goods of the electronic plastic bag manufactured by the Defendant with the original parts processed by the Defendant and supplies them again to the Defendant. 2) On July 22, 2014, the Plaintiff and the Defendant concluded a contract for supply of goods with the Plaintiff’s processed goods to the Defendant (hereinafter “instant contract”). The Plaintiff supplied processed goods of KRW 178,845,891 to the Defendant from September 2014 to May 2016, but the Plaintiff paid KRW 159,008,00 as the price of goods.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6 (including additional number), the purport of the whole pleadings

B. According to the above facts of determination, the plaintiff has a claim against the defendant for the remaining amount of KRW 19,837,891 (i.e., KRW 178,845,891 - 159,000). However, as seen below, the plaintiff's claim for the price of the above goods was set off against the defendant's claim for counterclaim within the scope of equal amount with the defendant's claim for counterclaim, and thus, the plaintiff's claim for the principal claim is without merit.

2. Determination on the counterclaim and the counterclaim of set-off

A. The Defendant’s counterclaim cause ① The Plaintiff and the Defendant concluded the instant contract, and agreed to settle the amount of damages from the processing cost in the event of defective performance exceeding 4% of the basic defect rate. From January 2015 to March 2016, the Plaintiff’s total loss amounting to 19,803,002 due to the Plaintiff’s nonperformance due to the Plaintiff’s nonperformance of obligation was incurred.

② On December 26, 2014, the Defendant ordered goods to the Plaintiff. On December 26, 2014, the front and rear sides of the entire processed goods supplied by the Plaintiff were printed.

The plaintiff's default caused damages to KRW 1,920,048.

③ The Plaintiff and the Defendant last.

유사 판례

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-수원지방법원안산지원 2015.10.23 2014가단22093

-서울남부지방법원 2018.11.13 2018가단208967

-수원지방법원 2018.06.12 2017나64781