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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. The Plaintiff received an order from the Defendant to August of the same year from January 2013, and delivered to the Defendant the goods equivalent to KRW 131,111,526 in total, including Mascact joints and Mascact joints. The Defendant paid KRW 71,756,407 to the Plaintiff during the above period, on the grounds that there is no dispute between the parties, and thus, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 59,355,119 ( KRW 131,111,526 - KRW 71,756,407), and delay damages therefrom, barring special circumstances.
2. Judgment on the defendant's defense
A. The gist of the Defendant’s defense was that the Defendant processed the cosmetic Mamact spact sprink (hereinafter “instant product base”) supplied by the Plaintiff, produced the plastic bag (hereinafter “instant product”) and exported the instant product to Taiwan through the ice spacks.
However, a large-scale importer rejected payment of KRW 43,39,369,369 of the price of the instant product that the Defendant supplied three times as a result of the discovery of foreign substances and insects in the instant product, and the Defendant demanded 180,000 copies of the instant product and sent the substitute product directly. The cost is KRW 13,96,353.
Therefore, due to the defect in the product cost of this case manufactured by the plaintiff, the defendant suffered damages equivalent to KRW 57,365,722 ( KRW 43,39,369, KRW 13,966,353). The above damage claim shall be offset against the plaintiff's claim for the price of goods against the defendant by using the damage claim as the automatic claim.
B. The Defendant: (1) on June 25, 2013, the 12,000m of the cosmetic Mascam for the export of Hong Kong, 2,000m from ASEAN personal data; and (2) on the same year
7.12. The same product of the same 12,000m, and 3.12,000m of the same product on the 18th of the same month, and 6,000m of Chinese Mack Factors for export, respectively, ordered to do so on June 25, 2013;
7. On the 15th and the 18th of the same month, the processing of the original group necessary for the manufacturing of the above product was requested to the Plaintiff.
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