(영문) 대구지방법원 2021.01.27 2020나314180

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2021.01.27 2020나314180

물품대금

Text

The appeal by the Defendant (Counterclaim Plaintiff) is dismissed.

The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff) by aggregating the principal lawsuit and the counterclaim.

Reasons

1. In full view of the purport of the entire pleadings as to the evidence Nos. 1 through 4 of the main claim, the Plaintiff may, upon the Defendant’s request on July 3, 2019, recognize the fact that the Plaintiff supplied the Defendant with 1,749,000 won in width of 5 meters.

Therefore, the Defendant is obligated to pay to the Plaintiff delayed damages at the rate of 12% per annum as prescribed by the Litigation Promotion Act from October 1, 2019 to the date of full payment, as the Plaintiff seeks, with the delivery of the instant complaint from October 1, 2019 to the date of full payment.

2. Part of claim for counterclaim

A. Separate from the Defendant’s argument’s film, the Plaintiff supplied the Defendant with the film of 4m (or 4m (or hereinafter) in the number of orders issued by Nonparty C.

The Plaintiff and Defendant agreed that the Plaintiff and the Defendant return the said goods, and that the Plaintiff deducts the amount equivalent to the value of the goods returned from the claim amount of this case.

Accordingly, the defendant returned the above goods, which is 1,898,600 won.

Therefore, the Plaintiff should pay 149,600 won to the Defendant (=1,898,600 won - 1,749,000 won).

B. In full view of the purport of the entire pleadings in the statement No. 10 No. 10, the fact of return, as otherwise alleged by the Defendant, can be acknowledged.

However, as to whether the value of the returned goods was agreed to be deducted from the claim amount of this case, the Health Team and the evidence submitted by the defendant alone are insufficient to recognize it, and there is no other evidence to acknowledge it.

The plaintiff did not receive 2,776,600 won for the goods returned from the defendant at the beginning.

It seems that the defendant does not dispute that there is no amount of payment for the goods returned, and there is no reason to deduct the value of the goods returned from the claim amount of the main claim of this case, which is the price for the lawfully supplied film of five meters wide at the defendant's request.

Therefore, the defendant's above assertion is without merit.

3. Conclusion

유사 판례

-대구지방법원 2021.01.27 2020나314180

-서울남부지방법원 2014.04.24 2013가단83293

-인천지방법원 2018.03.16 2017나55612

-서울중앙지방법원 2015.04.29 2014나54112

-서울남부지방법원 2015.02.05 2014나5406