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(영문) 수원지방법원 2018.05.17 2017나70489
물품대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On February 29, 2016, the Plaintiff entered into a contract with the Defendant to be supplied with agricultural products from February 29, 2016 to February 28, 2017, and to be paid on the 17th day after the end of each month (hereinafter “instant contract”).

B. On March 25, 2016, the Plaintiff paid 30 million won as advance payment to the Defendant pursuant to the instant contract.

C. On the other hand, on April 28, 2016, the Plaintiff supplied the Defendant with capital reduction equivalent to KRW 23,570,500.

The plaintiff received KRW 17,00,720 from the defendant around that time, and the amount of capital reduction remains in KRW 6,569,780.

According to the instant contract, the Defendant supplied the Plaintiff with agricultural products, such as a short-scale motor vehicle and a large-scale motor wave equivalent to KRW 24,503,00 on March 15, 2016, and KRW 10,686,50 on March 31, 2016.

The defendant received KRW 24,503,055 from the plaintiff on March 18, 2016 as the price.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. Summary of the parties' arguments

A. The Defendant is obligated to pay the Plaintiff KRW 6,569,780, totaling KRW 36,569,780, and KRW 30,000,000 for advance payment, and delay damages.

B. Since the Defendant agreed to reduce the amount of KRW 6,569,780 out of the amount paid to the Plaintiff as the defect occurred in capital reduction supplied by the Plaintiff, the Plaintiff’s claim for the reduction of capital is without merit.

From March 1, 2016 to May 31, 2016, the Defendant supplied the Plaintiff a total amount of 57,116,820 won under the instant contract, a large number of car cars, a large number of car cars, and a large number of car cars.

The Defendant received KRW 30 million from the Plaintiff on March 25, 2016 as an advance payment for the above agricultural products, and was fully deducted from the agricultural products price. The Defendant’s agricultural products price under the instant contract against the Plaintiff remains in KRW 2,613,765. Even if the said reduction agreement is not recognized, the Defendant’s claim for the above agricultural products price as an automatic bond against the Plaintiff.

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