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(영문) 서울북부지방법원 2015.11.13 2014가단7480
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. The Plaintiff’s cause of the Plaintiff’s claim against the Defendant. 42,107,60 won which was not paid out of the price of the automatic air injection apparatus supplied by the Plaintiff to the Defendant in the year 2012, and 13,186,800 won of the raw materials (influor and flass) additionally supplied by the Plaintiff to the Defendant on February 2, 2014, and 37,19,091 won of the multiple-use type title additionally paid by the Plaintiff to the Defendant, and 92,493,493,491 won (in total of 42,107,600 won, 13,186,800 won, 37,199,091 won) of the total amount of KRW 18,370,000 of the purchase price of the automatic air injection apparatus supplied to the Defendant from 2012 to 2014; 13,49,190,30

The following amounts of the plaintiff's claim shall be considered as follows in turn.

A. The Plaintiff asserted as follows: (a) supplied the automatic air input unit to the Defendant from January 4, 2012 to November 31, 2012; and (b) did not receive the price of the goods from the Defendant; (c) the Defendant is obligated to pay the Plaintiff the remainder of KRW 42,107,60,00 after deducting the Plaintiff’s KRW 1,095,60, which was reduced by February 18, 2013; (b) comprehensively taking account of the overall purport of the pleadings as indicated in the evidence No. 1 and No. 31-2 of the evidence No. 31, the Plaintiff and the Defendant’s statement of transactions prepared by each of the Plaintiff and the Defendant, as of November 31, 2012, the price of the goods that the Defendant is obligated to pay to the Plaintiff as of February 18, 2013 can be recognized as constituting a cause of KRW 42,107,600.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the above-paid price of KRW 42,107,60 and damages for delay.

B. On February 2, 2014, the Plaintiff and the Defendant agreed to offset the cost of goods supplied by the Plaintiff against the cost of raw materials supplied by the Plaintiff and the cost of finished products supplied by the Defendant to the Plaintiff. The Defendant agreed to the Plaintiff and the cost of goods for finished products.

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