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(영문) 대구지방법원 서부지원 2018.10.18 2017가합51994
물품대금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 70,002,410 on Plaintiff-Counterclaim Defendant A and Plaintiff B, as well as the Plaintiff’s amount from March 21, 2018 to March 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) was a company aimed at manufacturing and wholesale and retailing textile products, and the Plaintiff was its representative director. From July 2015, the Plaintiff discontinued its business from around July 2015, and closed its business on February 18, 2016.

B. From February 2002, the Defendant, while selling clothing, etc. to E with the trade name of E, was supplied with the original parts from D and paid the original cost.

C. On July 7, 2015, Plaintiff B is a person who runs a personal business with the trade name of “F” for the purpose of selling original parts, etc., and Plaintiff A is a person who actually operates F.

On July 8, 2015, the Plaintiffs leased the first and second floors of a general steel structure factory located in Seo-gu, Daegu-gu, and sold the original body owned D in the name of Plaintiff B, and sold the said original body.

E. The Defendant supplied the original unit from the Plaintiffs, paid the original unit price, and issued a tax invoice with “F” as a supplier.

[Ground of recognition] Facts without dispute, Gap evidence 20, 22, 27, 28, Eul evidence 1, witness H's testimony, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. 1) The Plaintiffs’ assertion 1) concluded a contract with the Defendant to supply the original unit, etc., and supplied the original unit amount of KRW 840,376,538 from July 2015 to December 2016. The Defendant is obligated to pay the Plaintiffs a total of KRW 116,192,510 to the remainder of the original unit amount unpaid. 2) The Defendant’s assertion that the Defendant supplied the original unit to the Defendant who asserted as to the parties to the transaction is not the Plaintiffs but D. b) and that the Defendant did not supply a part of the original unit amount to the Defendant. As such, the Plaintiffs calculated the KRW 43,942,600 to the part of the original unit amount with the agreed unit amount, the total of KRW 43,600 should be deducted.

(1) (1) Calculation details of unit price excess (1) The Plaintiffs are the Defendant from July 2015 to December 2016.

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