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(영문) 서울중앙지방법원 2017.01.17 2015가단5331230
물품대금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From April 3, 201 to April 3, 2011, the Plaintiff supplied compressed rap to the Defendant. The amount of goods unpaid as of April 3, 201 is KRW 1,245,409,528.

B. Upon the Plaintiff’s instruction, the employee of A Co., Ltd., who supplied scrap scrap to the Defendant, supplied the Defendant with inferior scrap by adding up soil, which is a foreign substance, to increase the weight of scrap (hereinafter “instant inferior scrap supply”). A Co., Ltd., who operated the said A Co., Ltd., was indicted as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at Daejeon District Court Decision 2011Gohap26, Sept. 22, 2011, and the said court convicted the Defendants of the said criminal case on or around September 22, 2011.

C. The plaintiff is the defendant.

The Defendant sought the payment of the price for the goods indicated in the port, and the Defendant suspended the payment of the price for the goods on the ground that the instant inferior rap delivery case is in progress.

On October 19, 201, after the judgment of conviction was rendered in the case of the supply of defective scrap in this case, the Plaintiff agreed with the Defendant on October 19, 201 that the Defendant and the Defendant would not raise any objection to the supply of the defective scrap in this case (hereinafter referred to as the “agreement on the supply of the defective scrap in this case”) as a result of the Defendant’s investigation, that the Defendant incurred approximately KRW 2 billion damages to the Defendant due to the supply of the defective scrap in this case (in accordance with the Defendant’s result of investigation on the calculation of costs for losses, it was investigated that the largest of the costs for losses incurred to the Defendant was caused by the strong water rate, and that the costs incurred to the Defendant were at least KRW 1.6 billion). The Plaintiff paid KRW 300,000 to the Defendant for damages due to the supply of the defective scrap in this case, and the Plaintiff and the Defendant

(1) The Plaintiff shall pay to the Defendant KRW 300 million with the agreed amount for the instant defective scooby supply case.

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