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(영문) 부산지방법원 2020.08.26 2019나64150
물품대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company exporting the original group, leather products, etc., and the Defendant is a person who runs a wholesale business by importing the original group, etc.

B. From March 20, 2016 to June 22, 2016, the Plaintiff supplied to the Defendant a synthetic leather original unit (hereinafter “instant original group”). The Defendant did not pay KRW 21,078,268 out of the price of goods.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 21,078,268, and damages for delay.

3. Determination as to the allegation of offset

A. The defendant's assertion that the original body of this case was supplied to the new aircraft manufacturing company C.

However, since there was a defect in the original part of this case, the defendant paid damages to C by means of reducing 20,243,070 won among the supply price of goods to C, and the defendant suffered damages equivalent to the above money.

Therefore, the defendant set off the damage claim against the plaintiff due to the non-performance of obligation against the plaintiff as the automatic claim.

B. Determination 1) In full view of the purport of evidence Nos. 1, 6, and 7 (including paper numbers, testimony by witnesses D of the first instance trial, and the purport of the entire pleadings in the Defendant’s personal examination result, the Defendant imported the original unit of this case from the Plaintiff and supplied it to C from March 2, 2016 to December 18, 2016. While the Defendant had manufactured new shoes using the original unit of this case, it was vulnerable to the heat of the original unit of this case before the commencement of the new process of the storage of the warehouse and the new process of the new process of the new process of the new process of the manufacture of the original unit of this case, the original unit of this case was destroyed by the string of the original surface before the commencement of the new process of the manufacture of the original unit of this case, and the 2,600 new units using the original unit of this case were destroyed by the string of the original unit of this case.

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