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1. Each goods sales contract concluded around February 2016 and around April 2016 between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).
Reasons
1. Basic facts
A. The Plaintiff is a corporation that engages in the wholesale, retail and installation business, etc. of LED (Lighting), and B (hereinafter “B”) is a corporation that engages in the development, sale, etc. of LED lighting.
B. (1) On August 1, 2014, the Plaintiff may extend the contract period between B and one year (one year by mutual agreement between the parties).
2) The Plaintiff’s sales store contract with the intent to continuously purchase and resell the ESD package produced by B from B (hereinafter “instant contract”).
The instant contract terminated on July 31, 2015, but the Plaintiff and B maintained individual transactions. (2) The Plaintiff entered into a contract for the sale of goods equivalent to KRW 223,76,400, and KRW 145,645,500, around February 2016, and received each tax invoice from B as of April 29, 2016.
3) The Plaintiff did not pay KRW 406,736,200, out of the price of the goods supplied by the Defendant. (c) B was declared bankrupt by the Seoul Central District Court on June 14, 2016 (2016Hahap100131), and the Defendant was appointed as a trustee in bankruptcy. [Grounds for Recognition] The Plaintiff did not dispute, and the evidence Nos. 1, 2, and 7 (including serial numbers; hereinafter the same shall apply).
each entry, the purport of the whole pleading
2. Determination on the main claim
A. If the Plaintiff’s claim amounting to KRW 406,736,200 and the Defendant’s claim amounting to KRW 642,373,955, the Plaintiff’s claim amounting to KRW 406,736,20, and the Defendant’s claim amounting to KRW 642,373,955, the Plaintiff’s claim amount against the Defendant
① Since the Plaintiff’s damage claim amounting to KRW 164,130,000 (hereinafter “claim”) for the value of the product is offset by the automatic bond, since the defect occurred among the goods supplied by D Co., Ltd. (hereinafter “D”) and sold to D Co., Ltd. (hereinafter “D”).
(2) A person who becomes bankrupt shall not be able to supply any PE chips any more.