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(영문) 수원지방법원 2014.10.28 2013가합17202
물품대금
Text

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

2. The costs of lawsuit shall be.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff was a company that engaged in trade business such as Pium and liveite, and manufacturing additives, and supplied the Defendant with carbon calium, calcium (TiO2), calcium (TiO2), and shock reinforcements.

B. In the year 201, the Defendant purchased from the Plaintiff 2,00 g, 3,000 g, 4,000 g a total of 9,000 glocks (one-day Rute type) from the Plaintiff, and manufactured external temporary fences and sold them to the customer.

C. However, around September 201, the Defendant received notification from the customer who supplied the above pents to the effect that there was a change in color or color of the pents made by the Defendant, and that there was a difference in color of the pents manufactured at each time of delivery.

In consultation with the business partners on June 20, 2012, the defendant consulted that the defendant will provide the above business partners with the PVC panel equivalent to KRW 120,000,000 in kind and delivered the panel equivalent to KRW 121,413,463 in total from July 2, 2012 to August 10, 2012.

E. Meanwhile, as a result of the investigation conducted by the Defendant upon receipt of the notice of the above defect from the customer around September 201, it was revealed that the Plaintiff’s sale of Einteinium mixing an Ansese type, which is not the Rinteinium ordered by the Defendant, instead of the Einteinium ordered by the Defendant. Accordingly, the Plaintiff was returned 2,300 g of Einteinium sold by the Plaintiff, which remains without being used by the Defendant.

F. The Plaintiff and the Defendant discontinued the transaction on October 201. At the time of the suspension of the transaction, the Plaintiff and the Defendant’s price for the goods that the Plaintiff had not received from the Defendant was KRW 24,543,600, and the amount remaining after deducting the amount equivalent to the above Esteinium returned is KRW 14,423,60.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 3, 8, Eul evidence Nos. 1 through 3, 5, 6, 14 (including the number of pages; hereinafter the same shall apply), the purport of the whole pleadings

2. The Parties’ assertion.

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