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(영문) 서울서부지방법원 2015.04.08 2013가단37930
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant are companies engaged in the business of manufacturing clothing, etc. by processing the fiber yarns.

B. From around 2012, the Plaintiff and the Defendant produced and supplied clothings to the Defendant by processing the fiber yarns upon the Defendant’s order, the Defendant, after a prosecutor, made a transaction of food that supplies to large retailers, etc., and concluded a transaction around July 3, 2013.

C. On May 2012, at the time of the said transaction, the Defendant sent the Plaintiff a 6,064 gydsium 6,064 gyds to the Plaintiff’s overseas factory while ordering the clothing processing. However, the Plaintiff lost it on May 12, 2012.

The Plaintiff and the Defendant drafted a contract on March 2013 for the main transaction, and determined the Plaintiff’s liability amount to KRW 12,000,000 for the said loss.

(hereinafter referred to as “original loss”). D.

The Plaintiff is the advance payment for the goods to be supplied to the Defendant in advance by the Plaintiff in the amount of KRW 12,000,000 for the goods to be supplied to the Defendant.

The defendant pays in advance the purchase price of the original unit required by the plaintiff to the plaintiff in order to produce the original unit ordered by the defendant.

As a result, 10,400,000 won (hereinafter the above advance payment and the original order amount “instant advance payment, etc.”) was demanded, and the Defendant paid KRW 12,00,000 to the Plaintiff on March 13, 2013, and KRW 10,400,000 on March 18, 2013.

E. On the premise that continuous transactions are maintained, the Plaintiff and the Defendant, instead of delaying the payment of the original loss, did not make mutual settlement by deducting 10% of the original loss from the price of supply that the Plaintiff supplied the Defendant the clothing, etc., and the instant advance payment, etc.

(For each calculation, value-added tax is excluded in all). [Grounds for recognition] A without dispute, Gap evidence 1, Eul evidence 1 to 22, the purport of all pleadings.

2. The Parties’ assertion and objection.

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