Text
1. The Defendant (Counterclaim Plaintiff) paid KRW 26,300,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from May 22, 2012 to January 17, 2014.
Reasons
1. Basic facts
A. The Plaintiff is a person who engages in metal processing, machinery manufacturing, and repair business under the trade name of “B,” and the Defendant is a company that engages in plastic (PVC) recycling business.
B. The Plaintiff manufactured, processed, and repaired the machinery requested by the Defendant from around 2006.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 3, the purport of the whole pleadings
2. Determination on the main claim
A. Plaintiff’s assertion 1) From December 201 to March 2012, 201, the unpaid balance of the supplied goods that the Defendant manufactured and repaired the Defendant’s machinery is KRW 26,300,00, and the Defendant is obligated to pay the Plaintiff the said money. 2) The Plaintiff was commissioned from the Defendant for the production of the log, scrap, strawer, and fish farm and was engaged in the production of the log, scrap, strawer, and fish farm, and the Defendant’s transaction with the Plaintiff without permission was suspended.
For the purpose of the above production, the Plaintiff spent the total of KRW 27,267,057, and KRW 12,450,000, and labor cost of KRW 28,300,00 for field work as well as KRW 68,017,057 ( KRW 27,267,057,050, KRW 28,300,000) so the Defendant is obligated to pay the same amount of money to the Plaintiff.
B. Of the supply price claimed by the Plaintiff, the amount of KRW 4,950,000 that the Plaintiff accepted for the Defendant’s reduction of the speed for pressure-generating machines on February 28, 2012 is below the reduction of the speed for pressure-generating machines.
3.(a)
Since it is impossible to use goods due to defects like Paragraph 1, the above amount should be deducted. Since the Plaintiff did not issue and deliver a tax invoice for KRW 8,470,000 for the supply of goods on March 2012, the value-added tax should also be deducted. Therefore, the Defendant did not explicitly claim that the unpaid supply price to the Plaintiff is KRW 19,980,000, but it appears that the amount calculated by deducting the unpaid supply price from KRW 26,300,000 for the supply price requested by the Plaintiff without any justifiable reasons.
19,980,00 won = 26,30,000 won - 4,950,000 won - 770,000 won - 600,000 won merely.
In addition, the defendant is the plaintiff.