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(영문) 광주고등법원(전주) 2020.11.19 2019나13365
물품대금
Text

The judgment of the first instance shall be revoked.

The instant lawsuit is dismissed.

The total cost of litigation shall be borne individually by each party.

purport, purport, and.

Reasons

1. Facts of recognition;

A. The Plaintiff (the Plaintiff commenced rehabilitation procedures by the Jeonju District Court 2019 Ma12 on December 19, 2019, but was ordered to discontinue rehabilitation procedures on September 16, 2020; hereinafter the same shall apply) and the Defendant are corporations with the aim of manufacturing and selling vinyls, etc.

B. From July 31, 2014 to June 30, 2015, the Plaintiff supplied the original film of carbon application to the Defendant, and the Defendant produced the original package of the original package supplied by the Plaintiff and supplied it to E.

C. On September 30, 2019, H Co., Ltd., the Plaintiff’s obligee (hereinafter “H”) received a seizure and collection order as to KRW 1,248,915,219, out of the Plaintiff’s claim for the purchase price of goods against the Defendant, by the Jeonju District Court 2019TTY 5447, based on the authentic copy of the authentic deed. The seizure and collection order were served on the Defendant, the garnishee on October 4, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 5, Eul evidence 17, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. From July 31, 2014 to June 30, 2015, the Plaintiff supplied the Defendant with the total amount of KRW 604,580,084 (the original unit) equivalent to the total amount of KRW 130,498,553, and the Defendant paid the remainder amount of KRW 474,081,531 and delay damages to the Plaintiff.

B. The instant lawsuit filed by the Plaintiff due to the seizure and collection order of Defendant H is unlawful.

It is not so.

Even if the defendant's goods supplied by the plaintiff are the goods amounting to 558,639,174 won, the goods amounting to 374,361,392 won are only 374,392 won.

On the other hand, since the defendant suffered damages from the defect of the original unit supplied by the plaintiff, the obligation to pay goods and the obligation to compensate for damages shall be offset.

In addition, the amount of goods is calculated by transferring the Plaintiff’s claim of KRW 180,000,000 that the Defendant had against D Hotel Co., Ltd. to C.

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