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(영문) 대전지방법원 2017.11.09 2016가단37584
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 14,544,200 to the Plaintiff (Counterclaim Defendant) and its related amount from May 18, 2016 to October 10, 2016.

Reasons

Considering the purport of the entire argument in Gap evidence Nos. 1, 2, 4, and 5 (including the main numbers of evidence Nos. 1, 2, 4, and 5) as to the cause of the claim for judgment as to the claim for this lawsuit, the plaintiff is a person engaged in the manufacturing business under the trade name "D" in Daejeon-gu Daejeon-gu, Daejeon-gu, and the plaintiff was found to have manufactured and supplied goods equivalent to KRW 19,098,200 to the defendant from October 30 to May 17, 2016, and the plaintiff is a person who received KRW 4,54,200 from the defendant as the price for the goods, barring any special circumstance, the defendant is obligated to pay the plaintiff 14,54,200 won for unpaid goods (i.e., 19,098, - 4,54,000 won per annum from the following day to May 16, 2016, which is finally claimed by the plaintiff.

The defendant's assertion argues that the defendant suffered losses of KRW 18,106,00 from the wind that the plaintiff was bound to terminate the contract due to defects in goods produced and supplied by the plaintiff, and that the plaintiff was not paid KRW 11,748,00 for the price that the defendant was obligated to receive from E as a result of the plaintiff's direct supply of goods to E without the defendant's consent. Thus, the plaintiff cannot respond to the plaintiff's claim.

However, there is no evidence to acknowledge the defendant's above assertion, and the defendant's above assertion is without merit.

The defendant of the judgment on a counterclaim shall set forth in Article 1-B.

As described in the claim, the plaintiff alleged that he suffered total damages of KRW 29,854,00 (= KRW 11,748,000) due to the plaintiff (=18,106,000) and sought damages as a counterclaim.

However, there is no evidence to acknowledge the defendant's above counterclaim, so the defendant's counterclaim claim is not reasonable.

In conclusion, the plaintiff's claim on the principal lawsuit is accepted.

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