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Reasons
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(영문) 서울중앙지방법원 2019.11.29 2019가합541631
물품대금
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1. The Defendant’s KRW 648,840,369 among the Plaintiff and KRW 420,000 among them, shall be KRW 150,00,000 from June 4, 2019.

Reasons

1. Facts of recognition;

A. The plaintiff is a company that runs a food processing business, etc., and the defendant is a company that runs a medical manufacturing and wholesale and retail business.

B. From January 2017, the Plaintiff produced and supplied clothing to the Defendant at the Defendant’s request. The amount of the goods as of December 31, 2018 was KRW 1,016,383,720.

C. However, on February 13, 2019, the Plaintiff and the Defendant agreed to the CLAIM (hereinafter “instant agreement”) with the following content.

- The amount equivalent to 51,166,50 won and GIWSL65 1,403 points and equivalent to 54,015,500 won shall be returned.

- The sum of KRW 105,182,00 ( KRW 51,166,500) and the sum of KRW 32,361,351 provided by the Defendant in connection with the above goods shall be deducted from the amount of the goods to be settled by the Defendant.

- The defendant shall pay 878,840,369 won remaining after the plaintiff (1,016,383,720 won - 137,543,351 won), on condition that 200,000 won in February 2, 2019 and 150,000,000 won in June 3, 2019 and 78,840,369 won in July 20 of the same year.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-1 through 5, Gap evidence 3-5, Gap evidence 6-1, 2, and Gap evidence 7, and the purport of the whole pleadings

2. According to the above fact-finding, the defendant is obligated to pay to the plaintiff the amount of KRW 200,00,000,000, and the amount of KRW 30,000,00, which the plaintiff sought deduction from the above amount of KRW 878,840,840,369 ( KRW 878,840,369 - 200,0000 - 30,000,000), barring special circumstances.

As to this, the defendant alleged that the plaintiff paid more than KRW 20,000,000 as the price for the goods in addition to the amount of KRW 230,000,000 for which the plaintiff seeks deduction, but there is no evidence to acknowledge it, so this part of the defendant's assertion is without merit.

In addition, even though the defendant suffered a lot of damages due to the delay in the delivery of Eul products in 2018, the defendant made the agreement in this case with the plaintiff.

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