(영문) 수원지방법원안산지원 2015.10.29 2015가단106035

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(영문) 수원지방법원안산지원 2015.10.29 2015가단106035

물품대금

Text

1. The Defendant’s KRW 21,094,455 as well as the Plaintiff’s KRW 6% per annum from May 16, 2015 to October 29, 2015.

Reasons

1. The Plaintiff rendered a judgment on the cause of the claim to the Defendant “Coverlay Processing and Antenna Development and Samples,” and the fact that the Plaintiff was not paid KRW 32,491,518 out of the price was not a dispute between the parties. Therefore, the Defendant is liable to pay to the Plaintiff KRW 32,491,518 and damages for delay, barring any special circumstance.

2. Judgment on the defendant's defense

A. The defendant's defense of set-off against the damage claim caused by defects has many defects in the goods processed and supplied by the plaintiff, and on February 2, 2015, the plaintiff agreed to determine the compensation amount of KRW 11,397,063 due to the defects in the goods that the plaintiff processed and supplied by the plaintiff. The defendant asserts that he is liable to pay only KRW 21,394,455, which is the remainder of the compensation amount agreed upon in the above KRW 32,491,518, which is the damages amount that the plaintiff did not pay to the plaintiff.

In light of the overall purport of the pleadings in the statement No. 2-1 and No. 2, it is evident that the Plaintiff and the Defendant agreed to compensate for damages incurred therefrom at the beginning of the beginning of the year 2015 to KRW 11,397,063 (hereinafter “instant agreement”), and the Defendant stated the statement on the date of the first pleading in the statement stating that the Defendant offsets the Plaintiff’s damage liability against the Plaintiff’s contractual processing and the claim for the payment of goods against the Defendant on the date of pleading on the first day of pleading in the instant case. Accordingly, the Plaintiff’s claim for the payment of goods and the processing and the claim for the payment of goods against the Defendant were extinguished within the extent equal to the Defendant’s damage liability against the Plaintiff. Therefore, the Defendant’s defense is with merit.

B. As to the claim for revocation of agreement by duress, the plaintiff asserts that the agreement in this case was made by the defendant's duress, and thus, it should be revoked.

The agreement of this case is made by the statement No. 5 alone to the defendant's coercion.

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