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(영문) 대구지방법원 2020.06.17 2019나313402
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. According to the overall purport of evidence evidence Nos. 1 through 6 and the argument, it is recognized that the Plaintiff, who runs a wholesale and retail business of food materials, supplied the Defendant with food materials equivalent to KRW 8,080,705, in the name of “C” from February 24, 2018 to April 19, 2018.

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff 8,080,705 won for food materials and 15% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 24, 2018 to the date of full payment, on the record that the copy of the complaint of this case is served on the defendant, as requested by the plaintiff, after the date of supply of the above food materials.

B. In regard to this, the Defendant asserts that, according to the Plaintiff’s breach of duty, at least 5,483,590 won was incurred, and that the Plaintiff’s damage claim against the Plaintiff was set off against the Plaintiff’s claim for the payment of the goods.

In other words, the defendant suffered loss due to defective quality defects in the food materials supplied by the plaintiff to the defendant (However, the amount is not specified), and according to the contract with the defendant on March 13, 2018, the plaintiff should first pay 40,000,000 won to the defendant as a consignment fee, and the plaintiff did not pay it to the defendant in advance. Accordingly, the defendant suspended the operation of the high-end cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover

Ultimately, the defendant's damage caused by the plaintiff's breach of duty is at least 5,483,590 won, and the defendant is at least.

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