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(영문) 대구지방법원 2020.08.14 2018가단7891
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 19,969,638 to the Plaintiff (Counterclaim Defendant) and its related amount from April 24, 2018 to August 14, 2020.

Reasons

1. Chief;

A. The Plaintiff’s assertion (the Plaintiff’s claim) 1) sold a set of KRW 51,00,000 to the Defendant on November 17, 2017, but the Defendant did not pay KRW 31,00,000 out of the sales amount. 2) The Plaintiff’s claim for the removal of KRW 23,829 to the Defendant’s request from November 30, 2017 to December 17, 2017. However, the Defendant did not pay KRW 3,812,640 to the Defendant.

B. Defendant’s assertion 1) On November 17, 2017, the Defendant entered into a contract for the title of employment that provides the Plaintiff with a design table for the title of employment and the title of employment and the title of the original group to be removed therefrom, and deliver the original group on or after the end of December 2017 (hereinafter “instant title contract”).

(2) On November 21, 2017, the Defendant supplied the Plaintiff with an original yarn for removal from office. The amount of original yarn supplied by the end of December, 2017 is 42,349 km, 3,303 km.

3) On December 4, 2017, the Defendant: (a) released 1,989 from the lower order in November 11, 2017, and processed dyeing, etc., of the original group that the Plaintiff was removed; (b) confirmed that the original group was manufactured differently from the production design specification; and (c) notified the Plaintiff of this fact on December 11, 2017, the removal was interrupted.

B) Damage caused by the Defendant: (a) the Plaintiff produced the original body to export bags to bags; (b) the Plaintiff was unable to export bags due to the Plaintiff’s failure to control the original body in accordance with the production design table; and (c) the Plaintiff caused the Plaintiff’s failure to control bags; and (b) the Defendant supplied 25,195 gs only the slope 271,94 gs, which was offered to the Plaintiff. Accordingly, the Defendant sustained damage equivalent to KRW 11,892,380, 2,771,94 gs, including the prime fag for the slope 25,18,344 gs and the prime fags for the Defendant’s failure to control bags, and the production of the direct design table, which was caused by the delay until the end of December 2017.

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