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(영문) 청주지방법원 2018.12.13 2018나9259
물품대금
Text

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

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is the same as the reasoning for the judgment of the first instance except for the following changes, and thus, it is acceptable in accordance with the text of Article 420 of the Civil Procedure Act.

B. A modified part 1) Of the “1. Basic Facts” in the judgment of the first instance court, the part 4 through 3 from the bottom of the second to the third is modified as follows. (c) The Plaintiff and the Defendant, on January 18, 2017, are influrd glass disease (capacity 220, weight 280, color white, color white, hereinafter “instant glass disease”).

(2) The contract for the sale of goods (hereinafter referred to as "the contract of this case") to manufacture and deliver to the Defendant a unit price of KRW 390 per unit price (excluding value-added tax).

(2) The main contents of the judgment of the court of first instance are as follows. (2) The part of the judgment of the court of first instance, "the defendant set off each of the above damages claims against the plaintiff as an automatic claim, which offsets the plaintiff's claims against the defendant for the price of the principal lawsuit against the defendant, and also claims for the payment of each of the damages against the plaintiff as a counterclaim."

The defendant shall set off the damage claim based on the above agreement for liquidated damages against the plaintiff as an automatic claim, offset it against the plaintiff's claim for the purchase of goods against the plaintiff's principal claim against the defendant, and also seek compensation for damages based on the above agreement for liquidated damages and business losses against the plaintiff as a counterclaim.

3) On the 5th judgment of the first instance court, the “the instant glass disease drawings provided by the Defendant to the Plaintiff at the time of the instant contract” was modified to “the instant glass disease drawings attached to the instant contract. 4) On the 6th judgment of the first instance court, the “with respect to the claim for return of unjust enrichment” was modified to “(B) as to the set-off defense based on the claim for return of unjust enrichment.”

2. If so, the plaintiff's claim of the principal lawsuit is justified, and the defendant's claim of the counterclaim is dismissed as it is without merit, and the judgment of the court of first instance.

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