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(영문) 서울중앙지방법원 2021.03.09 2018가단5105258
물품대금
Text

1. Defendant (Counterclaim Plaintiff): (a) filed against the Plaintiff (Counterclaim Defendant) KRW 13,278,260; and (b) filed against the Plaintiff, from March 23, 2018 to March 9, 2021.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The Defendant, from January 8, 2018 to January 27, 2018, intended to supply C University with machinery and appliances (computers, etc.) for education for the last half-year period of 2017, while the Plaintiff was supplied with the same goods (excluding some goods subject to supply) from the Plaintiff at KRW 14 million (hereinafter “instant commodity supply contract”). The Defendant paid 85 million out of the said price to the Plaintiff as a down payment, and the Plaintiff supplied goods to the Defendant until February 2018.

[Grounds for Recognition: Each entry in No. 1 and 2, and the purport of the whole pleadings]

2. Determination

A. (1) The Defendant’s assertion (A) that the cause of the counterclaim was: (a) the Plaintiff did not supply Kameras and multi-media (hereinafter “Kameras, etc.”) among the goods supplied to the Plaintiff; (b) the Defendant separately purchased 4,997,00 won to supply C University; (c) the Plaintiff supplied PCs short of the specifications; and (d) the Defendant replaced 336,740 won to supply the goods to C University; (c) the Plaintiff decided to install 450,000 won when the goods were supplied to the Plaintiff; (d) the Defendant entrusted the establishment of the goods to an external company; (e) the Defendant did not perform its duty; (e) the Defendant’s representative director visited C University to control and manage Kameras and labor costs (i.e., the amount equivalent to wages and labor costs of 700,000 won; and (e) the Plaintiff refused the Plaintiff’s provision of the goods to KRW 101,600,000 on behalf of the Plaintiff.

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