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(영문) 인천지방법원 2015.08.21 2015나4122
물품대금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person who engages in printing business under the trade name of “B,” and the Defendant is a lighting fixture and a company established for the purpose of installation, sales, etc. of PED.

B. From May 25, 2012 to June 23, 2014, the Plaintiff supplied the Defendant with a car-camp and Stickers, etc. as indicated in the following table, and was not paid KRW 6,920,000.

On May 25, 2012, the outstanding amount of the product quantity repaid on May 25, 2012: Kaju-ro 2,000 9,000,000 7,500,000 1,500,000 6,000 Kaju-ro 6,000 9,500,000 6,300,000 3,200 330,330,000 330,000 330,000 330,000 330,000 30,003 20 1,00,00 30,000 30,000 30,000 30,000 30,000 30,006, 306,005 30,005 306,005 30

C. Meanwhile, around the above time, the Defendant supplied the Plaintiff with lighting fixtures equivalent to KRW 390,00 and lighting fixtures equivalent to KRW 120,000. The Defendant did not receive KRW 510,000 from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Gap evidence 2-4 and the purport of whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff provided the Defendant with 20,720,00 won in total from May 25, 2012 to June 23, 2014, and only 13,800,000 won was paid from the Defendant. Thus, the Defendant is obligated to pay the remainder of 6,410,000 won after deducting 510,000 won from the 6,920,000 won for the unpaid lighting organization against the Defendant. 2) around May 23, 2014, the Defendant issued a printing order of 19,50,000 won in total from the Defendant, but it was supplied by the Plaintiff with a deviationd car.

As a result, the defendant returned and disposed of the above erroneous Kabrogs, and the plaintiff's return from May 23, 2014 and June 5, 2014.

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