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(영문) 창원지방법원밀양지원 2014.07.09 2013가단609
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 19,832,00 to the Plaintiff (Counterclaim Defendant) for KRW 19,832,00 and for this, from December 1, 2012 to July 9, 2014.

Reasons

1. Facts of recognition;

A. On September 7, 2011, the Plaintiff entered into a contract with the Defendant to supply KRW 22,000 boxes per box (based on KRW 23 km) of the raw materials of the Jeju Jeju Jeju Jeju District (hereinafter “201 contract”), and received down payment of KRW 20,000,000, but supplied only KRW 655 boxes.

B. On March 23, 2012, the Plaintiff supplied 3,343 boxes (based on 23 km 23 km) from the Defendant to 22,00 won per box (based on 1st box 23 km). However, the Plaintiff’s supply of 22,00 won per box with a special engineer, excluding strings not exceeding 70, 100 strings, grings and less strings, excluding strings, red, dusting, strings, and holeings, the weight of one string is at least 23 km, and if the Plaintiff and the Defendant violate the contract, the contract of this case is called “the contract of this case” under which the Plaintiff and the Defendant would pay 34,00,000 won as penalty for breach

A. The Plaintiff and the Defendant agreed to provide the Defendant with an excessive reduction of 14,00,000 won for the Plaintiff’s failure to supply the down payment received under the contract in 2011, and to pay the Defendant the amount of KRW 14,00,000 as the damages. The Plaintiff agreed to deduct the amount of KRW 5,546,00 for the goods paid in excess under the contract in 2011 from the amount of reduction under the contract in this case.

C. Under the instant contract, the Plaintiff supplied the Defendant with the 360 boxes of October 12, 2012, the 360 boxes of the same month, the 720 boxes of the same month, the 19th 720 boxes of the same month, the 639 boxes of the same month, the 639 boxes of the same month, and the 2,079 boxes of the same month, and thereafter, the Defendant refused to be supplied with a reduction and failed to supply it any longer. Accordingly, the Plaintiff did not recover part of the plastic boxes of the plastic boxes that the Defendant provided to the Plaintiff to be supplied with a reduction according to the instant contract.

Under the instant contract, the Defendant: (a) KRW 15,00,000,000 as the price for goods pursuant to the instant contract; and (b) KRW 4,000,000 as the price for goods on November 26, 2012; and (c) KRW 19,000 in total.

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