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(영문) 수원지방법원성남지원 2015.06.11 2014가단34170
물품대금
Text

1. The Defendant’s KRW 29,786,160 as well as the Plaintiff’s annual rate of KRW 6% from October 11, 2014 to June 11, 2015, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that sells Contact landings to an agent of Gangnam LLC Co., Ltd. (hereinafter “Gangsung”), which is a manufacturing company of come-in. The Defendant is a company that produces and sells packing materials.

In 2011, the original Defendant traded the supply of a contact.

B. Around June 2012, the Defendant produced and sold packing materials using a contact solution supplied by the Plaintiff, and there was a defect due to defective arrival of packing materials.

J. H. H. H. H. H.

1. The settlement of outstanding amounts of KRW 45,00,000 shall be completed from Jinia (Defendant) to Jinia (Defendant) by December 2, 2013.

2. During June, KUB-385S-60 KUB-385S-60, Jinia visited Switzerland to consult on technology, such as Gangnam Research Institute and Business Headquarters.

3. The Gangnam-UB-385S-60 and other Regrt contact values shall be reduced to KRW 700 per kilogramg from existing 5,500 to KRW 4,800/km.

(64t volume reduction total amount is KRW 44,800,000 (=64,000 g x 700). (C)

The defendant demanded the plaintiff to compensate for about 90,000,000 won for damages caused by the defect because the above defect was caused by the contactal system supplied by the plaintiff.

Since then, the original defendant discussed on June 5, 2013 at the end of several discussions as follows. D.

The transaction between the original defendant was suspended on July 2014, and the amount of the goods that the defendant currently remains unpaid is KRW 57,314,960.

On the other hand, the amount that the Plaintiff reduced the price of the contact pursuant to paragraph (3) of the agreed terms until the transaction is discontinued is KRW 17,471,200.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1 to 5, the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff asserts that the defendant should pay the above amount of KRW 57,314,960 to the defendant.

On this issue, the defendant asserts as follows.

① The Plaintiff, through paragraph (1) of the instant agreement, shall compensate the Defendant for the amount of KRW 45,00,000, half of the Defendant’s damages, up to December 2, 2013.

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