(영문) 수원지방법원 평택지원 2021.02.17 2019가단7377

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(영문) 수원지방법원 평택지원 2021.02.17 2019가단7377

물품대금

Text

The defendant's KRW 110,960,756 to the plaintiff and its related KRW 6% per annum from November 1, 2019 to February 17, 2021, and the following.

Reasons

1. Basic facts

A. The Plaintiff received a request from the Defendant for the manufacture of package originals of packaging and packaging, from June 22, 2017 to July 14, 2017, and received 50,094km from D on three occasions from June 22, 2017, and produced pellets 46,50 kilograms (the occurrence of water and natural consumption 7%) by recycling and processing the said scrap.

B. By May 31, 2019, the Plaintiff produced and supplied pellets produced above to the Defendant KRW 239,410,017 as pellets produced, and the Defendant paid KRW 128,449,261 as the price for the original package goods by October 31, 2019.

【Unfounded Grounds for Recognition】 Each entry in Gap evidence Nos. 1 and 4, Eul evidence Nos. 1 and 2 (including various numbers, if any) and the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the remaining amount of KRW 110,960,756 (=239,410,017 – 128,449,261) to the Plaintiff, barring any special circumstance.

2) As to the defendant's defense of offset, the defendant asserted that the plaintiff offsets the amount of 54,201,708 won (=50,094 x 1,082 won per kilogramg unit) supplied by the defendant through D with automatic bonds within the limit of an amount equal to the plaintiff's claim for the price for the goods. However, according to the plaintiff's transactional relationship with the defendant, if the defendant supplies scrap, which corresponds to packing materials, to the plaintiff, to the plaintiff, he manufactures and supplies them to the defendant after processing them in the form of pel pelpel, and the plaintiff returns the scrap or pel pel pel pel pels remaining after receiving them from the defendant. Upon the termination of the transactional relationship, the plaintiff is not obligated to pay to the defendant the price for the ground that the plaintiff is not obligated to pay it to the defendant, which is the packing materials supplied by the defendant. Thus, there is no automatic claim against the plaintiff asserted by the defendant.

Therefore, the defendant.

유사 판례

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-대구지방법원 2016.10.27 2016나4608