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(영문) 서울중앙지방법원 2013.09.12 2012가단32933
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be acknowledged by adding up the whole purport of the pleading in each entry in Gap evidence Nos. 1-1 to 6, and there is no reflective evidence:

On March 2010, the Plaintiff, who was engaged in the business of manufacturing and selling electronic components with the trade name "D" in Geumcheon-gu Seoul, supplied the Defendant with the ELD (hereinafter referred to as "Seoul semiconductor") manufactured by the Seoul semiconductor Co., Ltd. (hereinafter referred to as "Seoul semiconductor") to the Defendant.

B. The Defendant’s payment of the ELD amount to be paid by the Plaintiff is equivalent to KRW 71,186,060.

2. Determination:

A. According to the above facts finding that the claim for the purchase price of goods was created, the defendant, who is the purchaser of the above ELD, is liable to pay the plaintiff the unpaid price of KRW 71,186,060 and the delay damages therefor, unless there are special circumstances to the plaintiff.

B. (1) The defendant's assertion on offset defense (1) is that the defendant used the plaintiff as part of the plaintiff's ELD who produced and installed the advertising box in the Seoul subway history, and the defendant used the plaintiff as part of the plaintiff's ELD, and due to the defect of ELD supplied by the plaintiff, the advertisement box failed to function properly. Accordingly, the defendant removed the advertisement box made by using the plaintiff's ELD, which was supplied by other companies than the plaintiff, and thereby incurred damages equivalent to KRW 727,235,120 when newly produced the advertisement box after newly produced the advertisement box by using the plaintiff's ELD. Accordingly, the plaintiff is liable to pay the amount equivalent to the above amount to the defendant as damages, and the defendant asserts that the above damage claim against the plaintiff against the defendant against the plaintiff is offset against the amount equal to the plaintiff's goods payment claim against the defendant.

(2) The following facts are the facts of the recognition of the board (A) and each of the statements and images of the evidence Nos. 1 to 6, 8 through 14 (including the number; hereinafter the same shall apply) and the witness E.

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