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(영문) 대구지방법원 2014.07.03 2013가단26002
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 38,512,563 to the Plaintiff (Counterclaim Defendant) and its related amount from October 18, 201 to April 15, 2013.

Reasons

1. In full view of the overall purport of the pleadings as to claims filed by Gap, 1, 2, 3, 4-1 through 4, 5-1 through 6, 5-1, 6-2, 10-1, and 2, the defendant, who was engaged in the processing and sales business of original company with the trade name of "C company", can be recognized as the fact that the total amount of the goods price from the plaintiff engaged in the sales business of original company to October 17, 201, purchased original intent from the plaintiff engaged in the sales business of original company with the trade name of "D company," and reaches KRW 38,512,563.

Thus, the defendant is obligated to pay to the plaintiff the above price and the amount equivalent to 5% per annum under the Civil Act from October 18, 201 to April 15, 201, the delivery date of a copy of the complaint of this case, which is the date of delivery of the above payment to the plaintiff, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. The Defendant’s assertion and counterclaim claim: (a) made textile products using the original yarn supplied by the Plaintiff and supplied them to various enterprises; (b) sold the fiber equivalent to KRW 16,945,200 produced by the Defendant due to the defect of the original yarn supplied by the Plaintiff on January 24, 2011 and January 25, 2011; (c) paid KRW 13,068,000 and KRW 3,00,000 for defective textile products caused by the defect of the original yarn; and (d) paid damages equivalent to KRW 2,50,000 for the total amount of KRW 13,068,00 due to the defect of the textile products caused by the defect of the original yarn; and (e) due to such defect, the Defendant had been engaged in a transaction for 20 years or more by the Plaintiff, G companies, H companies, F companies, E companies, and I, thereby suspending the operation of the factory for 13 months; and (e) paid damages equivalent to KRW 2,63,000,00,000 million.

However, it is not enough to acknowledge the defendant's assertion only with the statements of Nos. 1, 2, 2, and 3-2 and 3-2 and the testimony of J of the witness.

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