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(영문) 인천지방법원부천지원 2019.01.18 2018가단111603
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) pays KRW 37,696,00 to the Plaintiff (Counterclaim Defendant).

2. The defendant (Counterclaim plaintiff).

Reasons

1. Determination on the main claim

A. According to the facts that there is no dispute between the parties to the facts of recognition, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2, and the purport of the whole pleadings, it is recognized that the plaintiff, on February 6, 2018, sold to the defendant 73,584,000 toy “C” 73,584,00 won for goods, and toy “D” 100 won for goods (hereinafter the above two parts toy), including the above two parts toy, as KRW 14,112,00 won for goods. The defendant paid the plaintiff KRW 30,00,000 on February 19, 2018, and KRW 20,000 on April 23, 2018.

B. 1) According to the above facts of determination as to the cause of claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 37,696,00 (i.e., KRW 73,584,112,000 - KRW 30,000 - KRW 20,000 - KRW 20,000). The Defendant’s assertion as to the Defendant’s assertion is limited to (i) the Defendant actually ordered toys equivalent to KRW 51,047,636 of the price of the goods, and (ii) the written order of KRW 87,696,000 of the price of the goods was prepared differently from the Plaintiff’s request, and (iii) as long as the Plaintiff’s obligation to engage in marketing activities and delivery of the goods are recognized as having been fulfilled, the Defendant’s declaration of intent cannot be acknowledged as being inconsistent with the Plaintiff’s content of the contract and its content. (iii) The Defendant’s declaration of intent cannot be acknowledged as 2060,20,25.

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