(영문) 서울동부지방법원 2018.08.31 2017가단22613

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(영문) 서울동부지방법원 2018.08.31 2017가단22613

물품대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 8, 2016, the Plaintiff entered into a contract with the Defendant for the supply of industrial products with the terms of contract from July 12, 2016 to July 11, 2017, under which the term of contract was determined and the Defendant’s management D Northwest Water datum, and the Young Military Branch to supply and sell food materials, etc. to the Defendant from around that time to August 30, 2016.

B. On June 20, 2017, the Plaintiff and the Defendant, at the Defendant’s request, prepared a plan to pay 67,068,452 won for unpaid goods during the pertinent transaction period (hereinafter “the instant price”) in installments, which is paid in ten installments each month from September 4, 2017 to June 4, 2018 (Provided, That the last month is 6,768,452 won) 10,000 won each month.

C. Thereafter, on June 26, 2017, the Plaintiff extended the repayment period until March 4, 2018 when the monthly repayment amount under the above installment agreement with the Defendant is delayed. By March 4, 2018, the Plaintiff drafted a written agreement on the attached Form stating that the Plaintiff would pay twice the litigation amount to the Defendant as a penalty for breach of contract (hereinafter “instant agreement”).

On November 6, 2017, the Plaintiff filed the instant lawsuit against the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. Assertion and determination

A. Regarding the plaintiff's filing of a claim for the payment of the price of the goods of this case with the defendant, the defendant is not entitled to the lawsuit of this case filed against the plaintiff despite the plaintiff's agreement to bring an action under the agreement of this case, and even if not, the plaintiff is liable to pay twice the amount of the lawsuit of this case to the defendant as a penalty for breach of contract pursuant to paragraph (3) of the agreement of this case. Since the claim for the price of the goods of this case against the plaintiff is set off with the claim for the price of goods of this case against

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