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(영문) 인천지방법원 2016.10.25 2015가합6568
물품대금
Text

1. The Defendant’s KRW 98,529,547 for the Plaintiff and KRW 6% per annum from December 8, 2015 to October 25, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs main products, steel materials processing and supply business, and the Defendant is a corporation that runs the wholesale and retail business of scrap metal and the manufacturing business of scrap metal processing.

B. From April 22, 2013 to March 31, 2014, the Plaintiff supplied the Defendant with goods equivalent to KRW 743,970,755, such as low-net compressive scrap metal and pressurate smoke, etc., and recovered KRW 437,914,257 from the Defendant.

C. From March 26, 2013 to July 15, 2014, the Defendant supplied the Plaintiff with goods equivalent to KRW 1,879,669,573, such as general compression scrap metal and compressed scrap metal, and recovered KRW 1,872,142,62 from the Plaintiff.

[Recognition] Facts without dispute, Gap evidence Nos. 1, 5 and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the parties' assertion 1) The balance of the Plaintiff's claim against the Defendant is KRW 306,056,498 (=743,970,755-437,914,257). The Defendant's balance of the Defendant's claim against the Plaintiff is KRW 7,526,951 (=1,879,669,573-1,872,142,622). Thus, the Defendant is obligated to pay the Plaintiff the remainder of the Plaintiff's claim against the Defendant for the payment of the Plaintiff's goods after deducting the Plaintiff's price of the goods from the Plaintiff's price of the goods for the Defendant's goods. The Plaintiff's balance of the Plaintiff's claim against the Defendant for the payment of the goods is supplied to the Defendant's goods seller by separate account No. 3, and it is difficult for the Plaintiff to promptly support the Plaintiff's sale of the goods by separate account No. 529,547 won.

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