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(영문) 대구지방법원 2015.11.26 2015가단3409
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s determination on the Plaintiff’s claim is the trade name of B, and the Plaintiff processed and supplied the parts (BA EMF COVVEF, BAS KS UPR CF), and the fact that the unpaid amount reaches KRW 25,056,394 does not conflict between the parties.

Thus, barring special circumstances, the defendant is obligated to pay the above payment to the plaintiff.

2. The defendant's assertion argues that the defendant does not have an obligation to pay the above unpaid amount to the plaintiff since a significant amount of part supplied by the defendant to the plaintiff has disappeared and the damage incurred therefrom exceeds the price of the above goods.

In full view of the description of No. 2 and the purport of the entire pleadings in the testimony of the witness C, the Plaintiff, if the Defendant supplied parts to the Plaintiff, processed the parts, such as sand trading work, and supplied them again to the Defendant. However, given that considerable amount of loss was incurred from the goods that the Defendant left to the Plaintiff and the amount of loss exceeds the unpaid amount of the Plaintiff, the above assertion by the Defendant is with merit.

3. The plaintiff's claim of this case is dismissed. It is so decided as per Disposition.

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