logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.06.18 2019나38061
물품대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. Determination on the main claim

A. Basic facts 1) The Plaintiff is a company that runs the business of wholesale and retail business, etc., and the Defendant is a company that runs the business of manufacturing and wholesale and retail business, etc. 2) The Plaintiff entered into an original supply contract with the Defendant on June 2, 2016 and June 28, 2016, and supplied the Defendant a set of KRW 22,464,420 by August 23, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including branch numbers in case of additional number), Eul evidence Nos. 4-2 and 3, the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the price of KRW 22,464,420, and damages for delay from August 24, 2016, which is the day following the date of final supply of goods, unless there are special circumstances.

2. Determination as to the defendant's counterclaim and counterclaim

A. The main point of the defendant's assertion is that the defendant suffered damages equivalent to KRW 1,621,807 due to defects of the original group supplied by the plaintiff.

(b) The following:

2)3) As such, damages arising from the failure of the Plaintiff to supply the original unit to the Defendant at the time relating to the original supply contract, which is a regular act, and damages arising from the Plaintiff’s failure to supply the original unit to the Defendant upon concluding the original supply contract, which led to KRW 26,948,750.

The Defendant offsets the Plaintiff’s damage claim of KRW 28,570,557 against the Plaintiff (i.e., KRW 1,621,807, KRW 26,948,750) against the Plaintiff’s damage claim of KRW 22,464,420, and sought payment of the remainder of KRW 6,106,137 (i.e., KRW 28,570,557 - KRW 22,464,420) as the counterclaim.

B. The fact that the Plaintiff paid total of KRW 1,621,807 as the repair cost, repair cost, etc. to the principal unit and the customer on July 2016 due to the defect in the first unit of the existence of the automatic claim, as the defect occurred in the original unit supplied around May 2016, the second unit supplied around July 2016, and the third unit supplied around July 2016, and the Defendant paid KRW 1,621,807 as the repair cost, etc. to the principal unit.

Therefore, the plaintiff shall pay 1,621,807 won to the defendant as damages.

arrow