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(영문) 대구지방법원 2017.12.07 2016나312965
물품대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the Defendant are dismissed.

2. The costs of appeal shall accrue from the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that manufactures and sells LED (EL; hereinafter “LED”) and subsidiary materials of LED.

Defendant A is the representative of “C” that operates the steel structure manufacturing business, and Defendant B is the father of Defendant A.

B. On August 18, 2014, the Plaintiff entered into an agreement with Defendant A on the following (hereinafter “instant agreement”) with the Plaintiff: “The Plaintiff entered into a contract with Defendant A to supply electric power supply products (hereinafter “instant agreement”) with the effect that “the Plaintiff converted the exchange of electricity supplied from outside to the Defendant A to the direct flow of electricity, and converting the direct flow of electricity to the voltage consistent with the ESD cap” (hereinafter “instant product”).

The main contents of the instant contract are as follows.

Article 2 [Subject-matter of Sale] (1) The goods supplied by the Plaintiff to Defendant A shall be limited to the LoED lumps and SMPS products.

Article 5 [Settlement of Sales Price] (3) Settlement shall be made on September 30, 2014 for the amount of goods supplied in August 2014, and the amount of goods supplied from September 1, 2014 shall be paid until the following day after the arrival of the goods.

C. At the time of the instant contract, Defendant B guaranteed the Defendant A’s goods payment obligation.

From August 26, 2014 to May 30, 2015, the Plaintiff supplied the instant goods to Defendant A. The Defendant A paid KRW 38,000,000 out of the total amount of goods up to that time to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the judgment on the claim of this case, according to the above facts, the defendants are jointly and severally liable to pay 14,408,400 won for the goods unpaid to the plaintiff (=52,408,400 won-38,000 won) and the last day following the day on which the goods of this case arrive (the payment period for the goods of this case) from June 1, 2015 to the day on which the copy of the complaint of this case was served.

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