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(영문) 부산지방법원 2019.08.21 2018나4588
물품대금
Text

1. The judgment of the first instance is modified as follows. A.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 1,840,000.

Reasons

Basic Facts

The plaintiff is a person who runs the clothing wholesale business, and the defendant is the clothing seller who sells the clothing after being supplied by the wholesaler.

Around June 16, 2017, the Plaintiff entered into a contract with the Defendant to supply original hairs (number: 3,000, price: 31,000 won per the first supply site, and 27,000 won per the second or fourth supply site (hereinafter “instant supply contract”) and received KRW 10,000,000 (hereinafter “madic milk down payment”) as down payment, and entered into a contract to supply original hairs (hereinafter “madic milk supply contract”) on August 3, 2017, and received KRW 10,000 as down payment (hereinafter “madic milk down payment”).

From October 20, 2017, to November 20, 2017, the Plaintiff supplied the Defendant with the original hivershosis as follows:

The details of the delivery date, October 20, 2017, the first supply date, the second supply price of KRW 19,840,000, the second supply price of KRW 16,200 on November 8, 2017, and the third supply of KRW 16,20,000 on November 340, 2017, the third supply of KRW 23,220,000 on November 40, 2017, and the fourth supply of KRW 23,220,00 on November 20, 2017, the Defendant paid the Plaintiff KRW 59,260,00 on November 20, 2017.

On the other hand, the Plaintiff borrowed KRW 1,000,000 from the Defendant (hereinafter “the instant loan”).

In addition, the original soner was not supplied to the Republic of Korea due to delay in the supply and bad faith according to the above Pool supply contract, and the Plaintiff agreed to pay the Defendant a penalty of KRW 3,000,000 (hereinafter “instant penalty”) and return the down payment in full to the Defendant.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 and 2 (including a branch number if a branch number exists), Eul evidence Nos. 1 through 3, and plaintiff plaintiff's assertion of the purport of the whole pleadings as a whole.

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