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(영문) 의정부지방법원 2019.02.14 2018나202751
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the original amount payable to the plaintiff (=261,130,672 won -225,645,353 - 9,149 won - 896,50 won), and delay damages therefrom, unless there are special circumstances.

3. Judgment on the defendant's defense

A. The defendant's assertion that ① although the plaintiff produced and supplied the clothing of 10,00 won to a trader with the original supply from the plaintiff, the plaintiff suffered a loss equivalent to KRW 81,00,00,000, the cost of the above clothing due to the defect in the original unit (i.e., the unit price of KRW 81,00 x 10,00). ② The plaintiff who was notified of the defect by the defendant unilaterally suspended the supply of the original unit, thereby unilaterally suspending the supply of the cost of the factory personnel expenses of KRW 26,048,680, and the suspension of the production (i.e., the daily salary of KRW 113,40,000, 14 days x x 14 days x x 8,100). Thus, the plaintiff has the right to seek compensation for each damage.

Therefore, the Defendant’s total amount of KRW 220,448,680 against the Plaintiff (i.e., KRW 26,048,680, KRW 113,400,00) is an automatic claim for damages equivalent to KRW 26,048,680, KRW 113,400,00, which the Defendant claimed against the Plaintiff, set off the amount on an equal basis

B. Determination 1) According to the evidence Nos. 1 through 3, 6, 7, 17 against the nature of the right to claim compensation for damages due to the original defect (each entry or image, including a provisional number, witness D's testimony, and the result of on-site verification by the court of first instance, the fact that the defendant's production and supply to the transaction company, and the fact that there is a defect in which it seems to have been seen to have been set off or cut off from the clothing that the defendant produced and supplied to the transaction company, and the defendant on January 6 and the same year.

3.15.Written return from a trader.

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