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Reasons
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(영문) 서울동부지방법원 2017.09.13 2016가합103642
물품대금
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1. The Defendant’s KRW 384,971,923 as well as the Plaintiff’s annual rate of 6% from July 1, 2014 to September 13, 2017, and the following.

Reasons

1. Facts of recognition;

A. From May 11, 2013, to August 29, 2013, the Plaintiff supplied the Defendant with a high faith, etc.

B. On December 31, 2013, the Defendant prepared a written agreement of this case (No. 3) with the following content to the Plaintiff.

The obligation to be borne by the Plaintiff, in consultation, is 2,279,559, China's Republic of Korea.

It shall be paid as planned each month and shall be paid within six months.

For the debtor of the 500,000 (Bath 500,000) for January 2, 2014, the 300,000 (Bath 300,000) for February 2, 2014, the 300,000 (Bath 300,000) for March 3, 204, for April 30, 2014, for May 4, 200, for the 400,000 (Bath 400,000) for June 3, 2014: Defendant 31, without dispute; Defendant 1-3 for each entry, and the purport of the entire pleadings

2. The parties' assertion

A. Under the written agreement of the Plaintiff, the Defendant is obligated to pay the Plaintiff the amount of KRW 409,04,066 (the amount converted into Korean won according to the exchange rate as of May 10, 2016, which was the date for filing the claim for KRW 2,279,559).

B. Defendant 1) supplied goods equivalent to KRW 361,29,548, which the Plaintiff supplied to the Plaintiff, and paid KRW 293,647,450, among them, the unpaid goods are merely KRW 67,652,098. The Defendant did not prepare the instant agreement with the meaning of guaranteeing payment for the supply of future goods upon the Plaintiff’s request to resume the transaction after the transaction was interrupted due to the defect in the goods, nor did the Defendant make the agreement with the meaning of confirming the amount of the unpaid goods and paying the unpaid goods. (2) The Defendant supplied the goods supplied from the Plaintiff to the business partners, such as kimchi manufacturers, etc.; (3) due to the defect in the goods, the goods amounted to KRW 200,000 ( KRW 380,000,000 D70,500,500,000).

Therefore, if the above damages claim amounting to KRW 200,00,000 and the plaintiff's claims for the amount of the unpaid goods are offset, the amount of the goods that the defendant is obliged to pay to the plaintiff.

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