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(영문) 부산지방법원 2020.06.05 2018나55715
매매대금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

1. The court's explanation concerning the instant case is based on No. 2-B of the judgment of the first instance.

The reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance except for the dismissal of a claim as follows. Thus, it is cited in accordance with the main sentence of Article 4

2. The Defendant asserts that “B. Defendant’s defenses 1) first pays the price of goods according to commercial practices in the order of delivery, so the total amount of KRW 48,229,500 (i.e., 16,15,700 as of July 4, 2016) paid to the Plaintiff from July 4, 2016 to September 1, 2016 (i.e., KRW 5,556,100 as of July 4, 2016) should be appropriated for the repayment of the instant loan amount corresponding to the highest price of goods as of July 4, 2016.

On the other hand, as seen earlier, the due date for the instant loan was August 31, 2016, and the repayment was made on July 4, 2016 and on July 27, 2016, pursuant to Article 477 subparagraph 1 of the Civil Act, it is reasonable to view that the payment was made on September 1, 2016 as the goods payment that became due and due pursuant to Article 477 subparagraph 3 of the Civil Act, and the subsequent payment was made on September 1, 2016 as the goods payment that became due and due pursuant to Article 477 subparagraph 3 of the Civil Act.

Therefore, this part of the defendant's defense is without merit.

2) The Defendant: (a) around May 2015, issued by the Plaintiff the raw materials and supplied by the Plaintiff, as follows: (b) the defects in which metal materials have been flown into the raw materials (hereinafter “the primary defect”).

(ii) As to raw materials supplied after September 2016 and around October 2016, 2016, metal foreign substances flown (hereinafter “second defect”) is found.

A. The plaintiff's claim for damages was discovered, and the defendant's finished products caused damages as stated below to the defendant due to the defect in the defendant's finished products.

US$ 16,653.60 US$ 16,653.60 paid to a buyer in the amount of damages, 7,920,000.

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