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(영문) 서울동부지방법원 2019.08.16 2018나30964
기타(금전)
Text

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

2. Following the counterclaim filed by this court.

Reasons

1. The reasoning for this part of this Court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As to the principal claim

A. The Plaintiff’s assertion that: (a) in the relevant judgment, the Defendant asserted that the Plaintiff claimed a set-off with the contractual processing costs from December 1, 2013 to March 31, 2015; (b) 13,805,909 won recognized as the remainder after set-off; and (c) 102,96,873 won in the balance of contractual processing costs from March 1, 2012 to November 30, 2013 (the Plaintiff’s claim for KRW 7,00,000,000 paid by the Plaintiff was 102,96,873 won including the Defendant’s value-added tax paid by the Plaintiff, KRW 40,70,000,000 and the Defendant’s claim for the payment of value-added tax at KRW 47,966,873,000,000 for KRW 47,600,000,000 for the Defendant’s payment of 205,205,301.

B. (1) Determination (1) Since the plaintiff's partial claim is deemed to have been led to confession without dispute between the defendant and the defendant, the defendant is liable to pay the above KRW 13,805,909 to the plaintiff and the delay damages therefor.

(2) (2) The following circumstances, which can be acknowledged by the respective descriptions of Gap evidence Nos. 18, 19, and 16 and the purport of the entire pleadings, are confirmed with respect to the quantity of glass plates that the plaintiff must return to the defendant as of February 18, 2014.

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