(영문) 의정부지방법원 2017.11.23 2015가단17739

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(영문) 의정부지방법원 2017.11.23 2015가단17739

물품대금

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1. The Defendant (Counterclaim Plaintiff) paid KRW 41,233,284 to the Plaintiff (Counterclaim Defendant) and its related amount from May 30, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that runs the business of processing raw body organs and fiberss, and the Defendant is a corporation that runs the business of selling extreme household goods.

B. From around 2012 to June 30, 2014, the Plaintiff supplied fibers to the Defendant. The amount of supplied goods unpaid as of the date of closing argument is KRW 41,23,284.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. We examine the principal lawsuit and the counterclaim together.

A. According to the above facts, the defendant is obligated to pay the price of delivered goods payable to the plaintiff 41,233,284 won and delay damages therefor, unless there are special circumstances.

B. As delineated below, the Defendant asserted that the Plaintiff’s damage claim against the Plaintiff against the Defendant offsets the Plaintiff’s claim against the price for the above goods, and at the same time, sought payment of KRW 100,00,000, out of the remaining damages amount set off as the counterclaim (=353,470,000-41, 233,284).

1) Although the Plaintiff agreed to supply fibers with the Defendant to supply the fibers, the Plaintiff supplied the fibers that did not properly perform air equal treatment. 2) The Defendant supplied the fibers that did not properly perform air equal treatment to that of the Defendant, a trader, to Nammmmmmmmm Co., Ltd., but did not receive KRW 36,00,000 out of the price of supply after receiving a claim for the supply of defective products from Nammmmmmmmm Co.

3) In addition, among the products supplied by the Plaintiff, the product price of which was 195,470,000 won (=84,60,000 won 57,120,000 won 53,750,000 won) is 122,00,000 won (i.e., 77,000,000 won) for the products supplied by the Plaintiff, and the aggregate of the amount paid to the A and the Company B, a partner, in the process of manufacturing the textile which was prohibited from being supplied as above, is 12,00,000 won (=7,000,000 won). Accordingly, the Plaintiff is the Defendant.

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