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(영문) 수원지방법원 2017.10.27 2016가합1284
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 405,890,450 as well as the full payment from April 6, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person established for the purpose of manufacturing and selling synthetic resin, and the Defendant is a juristic person established for the purpose of manufacturing panels of prefabricated type plates.

B. From April 2015 to December 2, 2015, the Plaintiff continuously traded goods with the Defendant with the content that the Plaintiff supplies the uniforms to the Defendant (hereinafter “instant supply”).

C. In relation to the instant supply, the Plaintiff failed to receive the supply price of the total amount of KRW 162,825,518 (including value-added tax; hereinafter the same shall apply) out of 211,830,168 (including value-added tax) for October 2015, 162,825,518, Nov. 1, 2015, 135,667,554, and 107,397,378, total of KRW 405,890,450 (i.e., the total amount of the supply price for the total amount of KRW 162,825,518, supra, and KRW 135,67,554, Nov. 1, 2015 (including value-added tax); and

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the judgment on the main claim part, according to the above facts, the Defendant, who received the cargo pumps from the Plaintiff, is obligated to pay to the Plaintiff 405,890,450 won of the total supply price of the instant case and damages for delay at the rate of 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 6, 2016 to the date of complete payment.

3. Judgment on the part of the counterclaim claim

A. The defendant's assertion 1) The defendant's assertion 1 is that the plaintiff is supplied with the styp pumps produced by the plaintiff and manufactured the prefabricated-type panel and supplied the prefabricated-type panel to the trader. In relation to the supply of this case, the defendant's defect of the styp defects in the styp pumps supplied by the defendant (hereinafter "the defect in this case").

A. The occurrence occurred.

The plaintiff will improve the defects of this case.

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