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(영문) 서울중앙지방법원 2020.02.18 2018가단5104736
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) and the Defendant jointly and severally filed against the Plaintiff (Counterclaim Defendant) KRW 43,137,710, and the amount of said KRW 43,137,710 on October 1, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells inside and outside of building materials, paints, etc., and the Defendant company is a company that manufactures carbon packing materials, painting floor materials, packing materials, etc.

B. On June 2017, the Plaintiff entered into a contract with the Defendant Company for the supply of the raw materials of carbon packing materials, etc., and the Defendant C jointly and severally guaranteed all obligations owed by the Defendant Company to the Plaintiff due to the said supply contract.

The Defendant Company supplied goods supplied by the Plaintiff to D High Schools until September 2017.

C. By July 2017, the Plaintiff supplied the Defendant Company with the raw materials of carbon packing materials (hereinafter “instant products”) equivalent to KRW 182,579,177, and the Defendant Company did not pay KRW 43,137,710 among them.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 10, 12, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts found in the judgment on the claim of the principal lawsuit, the Defendants are jointly and severally liable to pay to the Plaintiff 43,137,710 won for unpaid goods and damages for delay of 12% per annum under the Commercial Act from October 1, 2017 to May 24, 2018, the delivery date of the copy of the complaint of this case, which is the delivery date of the copy of the complaint of this case, and from the following day to the date of full payment.

(1) The defendant company asserted that the plaintiff's claim is offset against the equivalent amount of the plaintiff's claim with the claim of KRW 68,460,617 of the defendant company's defect repair cost, and the defendant company claims the same amount as the counterclaim. As seen thereafter, it is difficult to view that the defendant company has a claim equivalent to the defect repair cost, and the claim for offset is without merit).

A. The part of the defendant company's argument is the top of the D High School Track Track Track, due to the defect of the product of this case supplied by the plaintiff to the defendant company.

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