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(영문) 의정부지방법원고양지원 2016.02.18 2014가단17827
물품대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 81,475,170 to the Defendant (Counterclaim Plaintiff) and its related amount from May 1, 2015 to February 18, 2016.

Reasons

1. The Plaintiff supplied the Defendant with the direct power source equipment (including value-added tax) for about six years from September 2007 to September 2013, 2013, to KRW 3,410 per unit (including the instant goods), and the Defendant supplied the instant goods from the Plaintiff and sold them as the accessories of the Defendant’s products such as brush and sterilization. There is no dispute between the parties.

2. Judgment on the grounds for the principal claim

A. The Plaintiff asserts that, from July 2013 to September 2013, 2013, the price for the goods in this case supplied to the Defendant was KRW 21,668,350, and that the amount of the goods remaining after deducting the amount of KRW 1,725,460 equivalent to the amount of KRW 506 returned from the Defendant (i.e., KRW 506 x 3410) was KRW 19,942,890, the Defendant is obligated to pay to the Plaintiff.

B. We examine the following. Although there is no dispute between the parties as to the amount equivalent to the goods returned by the Plaintiff from the Defendant and the amount equivalent to KRW 1,725,460, the Plaintiff’s claim shall be accepted within the scope of KRW 21,68,350, the amount of the goods not paid by the Plaintiff is insufficient to recognize the amount of the goods not paid by the Plaintiff solely based on the evidence Nos. 3 and 4. The Plaintiff’s claim shall be accepted within the scope of KRW 21,510,39

C. Therefore, the defendant is liable to pay the remaining 19,784,930 won and damages for delay after deducting the above 1,725,460 won from 21,510,390 won for the goods unpaid to the plaintiff.

3. Judgment on the defendant's defense and counterclaim

A. The Defendant’s assertion is liable to compensate the Defendant for damages arising from the supply of the instant goods with defects for which the safety certification was not granted. The Defendant, from around 2008 to around 2015, incurred from the exchange of the instant goods, KRW 15,720,100, damages incurred from the exchange of the instant goods, KRW 78,35,000, and the Defendant’s purchase of the goods.

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