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(영문) 전주지방법원 2018.10.18 2017나12168
물품대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and counterclaim claims filed by this court are dismissed.

2. Appeal;

Reasons

1. Determination as to the principal lawsuit

A. Although the Plaintiff supplied the Defendant with pesticides and agricultural materials equivalent to KRW 7,777,00 from May 26, 2015 to November 3, 2015, the Plaintiff failed to receive the payment from the Defendant.

On the other hand, the Plaintiff introduced the Defendant to supply 1,000 mal-mal-mal-mal-mal-mal-mal-mal-mal-mal-mal-mal-mal-mal-mar 1mal-mal-mal-mal-mal-mal-mal-mal-mal-mal-mal-mal-mal-mal-mal-mal-mal-mar 6,00 won (i.e., 6,000 x 1,000 x 1,000) and then received 620m-mal-mal-mal-mal-mal-mal-mal-mal-mal-mal-mal-mal-mar

Therefore, the defendant is obligated to pay the plaintiff KRW 5,547,00 which offsets the above KRW 2,230,000 from the above KRW 7,777,00.

B. According to the judgment on the cause of the claim, the Plaintiff’s provision of pesticides equivalent to KRW 7,777,00 to the Defendant during the period from May 26, 2015 to November 3, 2015, according to the overall purport of the statement and pleading as to Gap’s evidence No. 1.1.

Therefore, barring special circumstances, the Defendant is obligated to pay 5,547,000 won, which is the remainder after deducting KRW 2,230,000 from the total amount of double-secta, which the Plaintiff is a person who offsets the Plaintiff, and damages for delay.

C. We examine the judgment on the offset defense. As seen in the following paragraph 2, the Plaintiff is obligated to pay 2,280,000 won to the Defendant exceeding 2,230,000 won, which the Plaintiff is the person who is the offset. The Defendant offsets the Plaintiff’s above claim against the above claim to the extent on an equal basis, thereby having set off the Plaintiff’s claim against the above claim for the price for the goods. 5,497,00 won remains.

Therefore, the defendant's amount of KRW 5,497,00 for the goods and the amount of KRW 5,497,00 for the goods to the plaintiff, upon the plaintiff's request, 5% per annum under the Civil Act from April 14, 2017 to September 26, 2017, which is the date of the first instance judgment, after the delivery of the copy of the complaint of this case, and the next day.

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