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(영문) 대구지방법원서부지원 2016.09.27 2015가단13397
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 22,553,00 to the Plaintiff (Counterclaim Defendant) for KRW 22,53,00 and for this, from June 8, 2015 to July 17, 2015.

Reasons

The judgment on the claim of this lawsuit is based on the following: (a) the Plaintiff engaged in the business of manufacturing semiconductor machinery parts, etc. under the trade name of “B”; (b) the Plaintiff supplied the Defendant with the goods equivalent to KRW 56,683,00 on February 2, 2015; (c) KRW 3,1350,000 on March 2, 2015; and (d) KRW 1,4520,00 on April 2015; and (c) the remainder of the unpaid goods amounting to KRW 22,53,00 on April 2015 remains, or there is no dispute between the parties; or (d) the entire purport of the pleadings in the evidence Nos. 1, 2, and 3

According to the above facts, the Defendant is obligated to pay the Plaintiff the amount of KRW 22,53,00 for the unpaid goods and the amount of delay damages calculated by applying each rate of 15% per annum from June 8, 2015 to July 17, 2015, which is the delivery date of a duplicate of the main claim, as stipulated in the Commercial Act, from the next day to September 30, 2015, as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and from the next day to the day of full payment.

The Defendant asserted that the counterclaim claim was filed by the Plaintiff, and the Defendant supplied the Plaintiff with parts, such as paintings (hereinafter referred to as “flag”) necessary to manufacture car engines, etc., and then supplied them to modern automobiles.

Since the weight of glarg is 150 km and the engine weight is 120 km, it should be solid to fold the engine.

However, in modern vehicles, the part on the part on which one glarg was used during the test run has not been able to check the engine weight, and the defendant not only destroyed the whole part of the glarg supplied, but also manufactured and supplied the glarg by destroying the whole part of the glarg supplied.

As such, the Plaintiff did not make a production based on the design drawing and thereby inflicted damage on the Defendant. As such, the Plaintiff is obligated to pay KRW 95,805,000 (i.e., cost of manufacturing KRW 68,805,00) that the Defendant paid to re-delivery the Capital as compensation for damages incurred due to incomplete performance (i.e., cost of installing KRW 27,000).

. Determination.

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