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(영문) 부산지방법원 2016.12.13 2016가단14733
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 10,154,030 as well as the full payment from February 17, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. From around 2013 to May 2014, the Plaintiff supplied the Defendant with her strings, etc., and the unpaid amount is KRW 10,154,030.

B. On the other hand, around May 2009, the Plaintiff, upon delivery and use of the machines listed in C and the separate sheet (hereinafter “instant machines”) and one roller, agreed upon the supply and sampling of the strings, etc. ordered by C with preference (hereinafter “instant agreement”) and received delivery from C of the said machines.

C. Around June 1, 2012, the Defendant acquired all facilities owned by C, including the instant machinery, from C. D.

After the above acceptance, the defendant continued transactions with the plaintiff under the same conditions as C, and around May 2014, the dispute between the plaintiff and the defendant occurred and the plaintiff decided to return the machinery of this case to the defendant, but refused to return the machinery of this case due to the dispute during the return process.

[Ground of recognition] Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, Eul witness C's partial testimony, the purport of the whole pleadings

2. According to the facts seen earlier prior to the determination on the principal claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 10,154,030, and damages for delay calculated at the rate of 15% per annum from February 17, 2015 to the day of full payment, as the Plaintiff seeks.

3. Judgment on the counterclaim

A. Inasmuch as the instant agreement, which the Plaintiff alleged by the Defendant, first provides the Defendant with a string, etc. on or around May 2014 instead of using the instant machinery, the Plaintiff delivered the instant machinery to the Defendant, and then received an estimated income of KRW 66,312,288 for 21 months after June 2014 (i.e., average goods price of KRW 3,157,728 in 2013 x 21 month). 63,162,288 won calculated by deducting the electricity charge of KRW 3,150,00 (i.e., KRW 150,00 per month x 21 month) from the average goods price of KRW 3,157,728.

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