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Reasons
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(영문) 대구지방법원 서부지원 2018.01.12 2016가합51928
물품대금
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1. On October 13, 2016, the Defendant (Counterclaim Defendant) filed against the Plaintiff (Counterclaim Defendant) for KRW 365,701,714 and KRW 64,59,484 among them.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The status of the party is a company whose main business purpose is the manufacture of textile products, and the defendant is a company that manufactures and manufactures clothing, sports goods, and retail business.

B. The Plaintiff’s continuous supply relationship between the Plaintiff and the Defendant has supplied the raw materials for clothing to the Defendant 14 times from March 2013 to March 2015, and has received goods payment from the Defendant. Of which, the Defendant’s unpaid raw materials payment is KRW 64,59,484.

C. After the Defendant’s original order, the Defendant ordered the Plaintiff on June 1, 2015, the four items, including ① the item “P-MUTI 20D high density R/S,” “50 WT,” “P/MUTI 30D,” and “290T,” on June 15, 2015, with the payment period as to the four items equal to June 14, 2015. ② The Defendant ordered the Plaintiff on June 4, 2015, including the 50 TWL “50 TWL” and 14 other than 14 items, around 20, 2015 or July 3, 2015; ③ on June 4, 2015, the Defendant ordered the Plaintiff on June 20, 2015, 205, 30,000 if the order was given on June 4, 2015, 2017

On June 2016, the defendant suspended the planning of new products and the production process of new products, removed the DNAs, etc. of the defendant company, and closed the business around October 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 3 through 7, 9 (including branch numbers for those with additional numbers; hereinafter the same shall apply), witness C and D's testimony and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 64,59,484 and the unpaid amount of KRW 301,102,230, total of KRW 365,701,714 and the delay damages from the date following the delivery of the duplicate of the complaint in this case. 2)

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