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(영문) 서울고등법원 2015.12.10 2014나2050041
물품대금
Text

1. Of the part concerning the counterclaim in the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) that orders payment below.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff, a company engaged in trade business, such as Pium, Pium, and additives manufacturing business, supplied fluorium in the aggregate of 9,000 kilograms, including the sum of 2,000 kilograms, 3,000 kilograms, 4,000 kilograms, and 9,000 kilograms, under a contract under which the Plaintiff would supply the Defendant, a company that manufactures temporary fences, etc., to the Defendant, who is a manufacturer of external-use temporary fences, using as the raw material for painting of external-use temporary fences (TiO2; hereinafter referred to as “RA”) at around three times in 201.

B. On September 1, 2011, the Defendant was notified of the fact that the Defendant manufactured the external temporary fences as raw materials and supplied it to the Busan Special Metropolitan City Co., Ltd. (hereinafter referred to as the “Seoul Special Metropolitan City”), and that “The fact that there is a change in color or color of the pent in the temporary fences supplied by the Defendant and there is a difference in color of the pents manufactured at each time of delivery.”

C. Accordingly, the Defendant agreed with ASEAN on June 20, 2012, supplied the PVC panel equivalent to KRW 121,413,463 in total as compensation for damages from July 2, 2012 to August 10, 2012. Meanwhile, the Defendant discontinued transactions with the Plaintiff and returned 2,300 km out of the aluminium supplied by the Plaintiff.

On the other hand, on August 10, 201, 201, prior to the issuance of a full-cut notice from the ASEAN, the Plaintiff notified the Defendant that “In the course of contact with the Defendant that the product was modified and judged as inferior goods, the Plaintiff confirmed the detection of an Anatse-type Esty Esty Esty Esty Esty Esty Esty Esty Esty Esty Esty Esty Esty Esty Esty Esty Esty Esty Esty Esty Esty Esty Esty Esty Esty Es

9. 8. From August 1, 200, 14,423,600 won for the remainder of the return, excluding the above return return, was claimed to be changed solely by mixing A and A.

(e) the appraisal by the first instance appraiser B;

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