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Reasons
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(영문) 서울남부지방법원 2017.01.19 2016가합1145
물품대금
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1. The Defendant’s KRW 186,054,942 as well as the Plaintiff’s KRW 6% per annum from March 12, 2016 to January 19, 2017, and the following.

Reasons

1. Circumstances leading to the instant case;

A. The Plaintiff is a company that was an agent selling parts of Hyundai Embs, Hyundai Embs, Inc. (hereinafter “Mobs”), and the Defendant is a company repairing cars.

B. The Plaintiff and the Defendant supplied modern automobile parts supplied from January 1, 2010 to October 31, 2015 to the Defendant. 2) In the case of a vehicle that requests the Defendant to repair with automobile insurance (hereinafter “insurance vehicle,” and “ordinary vehicle”), the Plaintiff directly paid the amount of parts to the Plaintiff by an insurance company. In the case of a ordinary vehicle, the Defendant was supplied with a large amount of damages to the Plaintiff and the Plaintiff was subsequently settled by the Plaintiff.

C. Although the Plaintiff, including the Plaintiff’s default, presented an electronic bill issued by the Plaintiff, the Plaintiff was unable to make a final payment on October 19, 2015, and the said bill was disposed of due to the Plaintiff’s failure to make a final payment, and the Hyundai Mos terminated the Plaintiff’s agency contract around October 27, 2015.

As the difference between the Plaintiff and the Defendant regarding the price of the remaining goods, the agency contract was terminated, and the price of the goods to be settled after the transaction relationship between the Plaintiff and the Defendant was terminated, resulting in the instant lawsuit.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 6, and the purport of whole pleading

2. The parties' assertion

A. From January 1, 2010 to October 30, 2015, the Plaintiff’s summary of the Plaintiff’s assertion provided KRW 580,612,589 to the Defendant for the payment of KRW 484,417,516 (= KRW 580,612,589 – KRW 96,195,073), excluding KRW 75,00,00,00,00, out of the price of the goods, the Defendant paid KRW 96,195,073.

B. The defendant's summary of the defendant's assertion

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